Charles H. Bear & Co. v. Zech

Sherwood, J.,

This case comes before the court on an affidavit of defense raising questions of law. The reasons assigned may be summarized under three heads: First, the failure to allege that the name of *789the plaintiff is registered as a fictitious name under the Act of 1919, P. L. 942 (it being conceded at the argument that this citation was erroneous, the correct act being that of June 28, 1917, P. L. 645, and the several amendments) ; second, plaintiff’s failure to allege the agency of the wife; third, the entry of the charge on the books of plaintiff against the wife.

Plaintiff, a…