Geary v. Schwem

Opinion by

Mr. Justice Simpson,

Plaintiff appeals from a judgment for defendant, on questions of law raised by the affidavit of defense. Under such circumstances, all the averments of the statement of claim must be taken as true, and the judgment should not be sustained, unless, from the facts averred, *438it appears, as a conclusion of law, that plaintiff cannot possibly recover: Rhodes v. Terheyden, 272 Pa. 397. In this light we will determine the appeal.

Before the passage of the Eighteenth Amendment to the Constitution of the United States, and of the National Prohibition Act, defendant had been…