Forepaugh v. Baker
Supreme Court of Pennsylvania
•January Term, 1888, No. 165, E. D., Error to Common Pleas No. 2 of Philadelphia County to review a judgment for the plaintiff for want of a sufficient affidavit of defense in an action of assumpsit, December Term, 1887, No. 118. The plaintiff, Alfred G. Baker, commenced an action of as'sumpsit November 15, 1887, by summons returnable the first Monday of December, 1887, and on November 15, 1887, filed the f ollowing statement of his claim: Alfred G. Baker ] v. John E.…
Read the full summary
•January Term, 1888, No. 165, E. D., Error to Common Pleas No. 2 of Philadelphia County to review a judgment for the plaintiff for want of a sufficient affidavit of defense in an action of assumpsit, December Term, 1887, No. 118. The plaintiff, Alfred G. Baker, commenced an action of as'sumpsit November 15, 1887, by summons returnable the first Monday of December, 1887, and on November 15, 1887, filed the f ollowing statement of his claim: Alfred G. Baker ] v. John E. Eorepaugh and J. | Learning Eorepaugh, co-J-partners, now or late[ trading as John E. Eore-| paugh & Son. ) Alfred G. Baker,…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett:
In this action by the holder against the makers of two negotiable notes the statement of plaintiff below, embodying everything that is required by the civil procedure act of May 25, 1887 (P. L. 271), presents a clear prima facie case in his favor. The only question is whether the court below erred in holding that neither of the material averments of fact contained therein is traversed or denied by the affidavit of defense.
We are clearly of opinion that it did not. The allegation that the notes were given to the payees “at their request, without any value or…
2Cases cited3 opinions
- Watkinson v. Bank of PennsylvaniaSupreme Court of Pennsylvania · 1839
- Brown v. ClarkSupreme Court of Pennsylvania · 1850
- Clark v. FletcherSupreme Court of Pennsylvania · 1881
3Cited by2 opinions
- Mayer v. MelanconLouisiana Court of Appeal · 1920
- Bucks Co. Trust Co. v. FellSuperior Court of Pennsylvania · 1931