Frey v. U. T. Co. of Pittsburgh

Opinion by

Mr. Justice Linn,

This appeal is from the refusal of judgment for want of a sufficient affidavit of defense.

The suit is for the amount of certain bonds issued by the Second Avenue Traction Company pursuant to a mortgage or deed of trust dated December 1, 1894. The defendant is United Traction Company of Pittsburgh. For convenience, the former company will be referred to as Second and the defendant as United. When the bonds matured in 1934 payment was demanded and was refused. Plaintiff avers that by deed dated June 29, 1897, Second sold its interests in certain street railway company…