Max Meadows Land & Improvement Co. v. Mendinhall
Superior Court of Pennsylvania
Appeal, No. 48, Nov. T., 1895, by plaintiff, from decree of C. P. No. 4, Phila. Co., March T., 1895, No. 1087, refusing judgment for want of sufficient affidavit of defense. Assumpsit to recover on four promissory notes aggregating $593.34. Before Thayeb., P. J. Suit was brought on four promissory notes given in payment of deferred instalments of purchase money due on real estate. An affidavit of defense was filed thereto.
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Appeal, No. 48, Nov. T., 1895, by plaintiff, from decree of C. P. No. 4, Phila. Co., March T., 1895, No. 1087, refusing judgment for want of sufficient affidavit of defense. Assumpsit to recover on four promissory notes aggregating $593.34. Before Thayeb., P. J. Suit was brought on four promissory notes given in payment of deferred instalments of purchase money due on real estate. An affidavit of defense was filed thereto. Rule for judgment for want of a sufficient affidavit of defense was taken and a supplemental affidavit was allowed. The copies of. the affidavit and supplemental affidavit…
1Opinion of the Court
Opinion by
Rice, P. J.,
Great liberality is always exercised in the admission of evidence having a tendency to show fraud, and in determining whether the allegation is established, the united force of the *405items of testimony having this tendency is to be considered: Montgomery Web Co. v. Dienelt, 133 Pa. 585. So where the fraud consists in false representations in which matters of fact and matters of opinion are so ingeniously joined as to made the whole deceptive and misleading, they are to be considered as a whole. If any one material representation relied on was false, equity will relieve,…
2Cases cited8 opinions
- Montgomery Web Co. v. Dienelt, Pennsylvania Court of Common Pleas, Montgomery County1890
- Braunschweiger v. WaitsSupreme Court of Pennsylvania · 1897
- Ætna Ins. v. ConferSupreme Court of Pennsylvania · 1893
- Sutton v. MorganSupreme Court of Pennsylvania · 1893
- Musser v. StaufferSupreme Court of Pennsylvania · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ashland Towson Corp. v. KasunicSuperior Court of Pennsylvania · 1933
- Anna Bowman and Doris Bowman v. The Home Life Insurance Company of AmericaCourt of Appeals for the Third Circuit · 1958
- W. E. Heyser Lumber Co. v. Whiting Lumber Co.Superior Court of Pennsylvania · 1916
- Folsom Real Estate Co. v. EsmarkSuperior Court of Pennsylvania · 1909
- Shea v. WellsSuperior Court of Pennsylvania · 1898
8 more not listed; retrieve them via the Exa API.