Wells v. Alropa Corporation

I concur in the view of the majority that the instrument in question in this case is a sealed instrument.

As to the sufficiency of the affidavit of defense, however, I dissent: The only substantial difference between the defendant’s plea and his affidavit of defense was that the latter was supported by his oath, that is, was in affidavit form, the plea being supported only by the signature of counsel. Otherwise, the plea and the affidavit of defense were in substantially the same terms, each setting up that the consideration of the note sued on had wholly failed; that the note was barred by…