Schroyer v. Thompson
Supreme Court of Pennsylvania
Appeal, No. 14, Jan. T., 1918, by plaintiffs, from order of C. P. Fayette Co., Dec. T., 1915, No. 2148, refusing judgment for plaintiffs, for want of a sufficient affidavit of defense, in case of E. E. Schroyer, Mrs. David Gans, Fred L. Schroyer and Daisy Schroyer v. Josiah V. Thompson, Isaac W. Se-mans, William M. Thompson, Fuller Hogsett, and John F. Hogsett. Assumpsit on promissory notes. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 14, Jan. T., 1918, by plaintiffs, from order of C. P. Fayette Co., Dec. T., 1915, No. 2148, refusing judgment for plaintiffs, for want of a sufficient affidavit of defense, in case of E. E. Schroyer, Mrs. David Gans, Fred L. Schroyer and Daisy Schroyer v. Josiah V. Thompson, Isaac W. Se-mans, William M. Thompson, Fuller Hogsett, and John F. Hogsett. Assumpsit on promissory notes. Rule for judgment for want of a sufficient affidavit of defense. Before Van Swearingen, P. J. The opinion of the Supreme Court states the facts. The court refused to enter judgment for plaintiffs for want…
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiffs’ action is founded on two demand notes signed by one defendant, as principal, and the others as sureties, and assigned by the payees to plaintiffs. The sureties each filed an affidavit of defense alleging release from liability, owing to a memorandum endorsed on the back of the notes, subsequent to their execution and without consent of the sureties, stating “all overdue int. to bear int. to be compounded semiannually.” A rule for judgment for want of a sufficient affidavit of defense was discharged and plaintiffs appealed.
It is not denied the agreement…
2Cases cited6 opinions
- Bensinger v. WrenSupreme Court of Pennsylvania · 1882
- Nesbitt v. TurnerSupreme Court of Pennsylvania · 1893
- Robbins v. RobinsonSupreme Court of Pennsylvania · 1896
- Clark v. RusselSupreme Court of Pennsylvania · 1834
- Cobb v. PageSupreme Court of Pennsylvania · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- n.sidney Nyhus v. Travel Management CorporationCourt of Appeals for the D.C. Circuit · 1972
- Cardamone v. University of PittsburghSuperior Court of Pennsylvania · 1978
- Plummer v. WilsonSupreme Court of Pennsylvania · 1936
- Continental Bank v. AxlerSupreme Court of Pennsylvania · 1986
- Germantown T. Co. v. Emhardt (No. 1)Supreme Court of Pennsylvania · 1936
7 more not listed; retrieve them via the Exa API.