Rose v. Independent Chevra Kadisho
Supreme Court of Pennsylvania
Appeal, No. 74, Jan. T., 1906, by defendant, from order of C. P. No. 1, Phila. Co., Sept. T., 1905, No. 516, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Jacob Rose and Maurice Rose, trading as J. Rose & Son, v. The Independent Chevra Kadisho of Philadelphia. Assumpsit to recover a balance alleged to be due on a building contract.
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Appeal, No. 74, Jan. T., 1906, by defendant, from order of C. P. No. 1, Phila. Co., Sept. T., 1905, No. 516, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Jacob Rose and Maurice Rose, trading as J. Rose & Son, v. The Independent Chevra Kadisho of Philadelphia. Assumpsit to recover a balance alleged to be due on a building contract. The affidavit of defense was as follows : Jacob Schwartz, being duly sworn, deposes and says, 'that he is the president of the Independant Chevra Kadisho, which is a corporation of the first class, incorporated under the…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This appeal raises the question of the sufficiency of the affidavit of defense filed in the case. The court below held the affidavit to be insufficient, and directed judgment to be entered for plaintiffs. It is argued that the affidavit is vague and indefinite in general, and not specific as to the items of set-off claimed. It is therefore insisted that being defective in these and other respects judgment was properly entered. While it may be conceded that the affidavit is inaptly *74drawn, it does set up a substantial claim of set-off. This court has said that an…
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