Dominion Trust Co. v. Hildner
Supreme Court of Pennsylvania
Appeal, No. 73, Oct. T., 1913, by defendant, from judgment of O. P. Allegheny Co., Oct. T., 1912, No. 1119, Docket C., for plaintiff on rule for judgment for want of a sufficient affidavit of defense. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. Before Macearlane, J. The opinion of the Supreme Court states the facts. The court made the rule absolute. Defendant appealed.
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Appeal, No. 73, Oct. T., 1913, by defendant, from judgment of O. P. Allegheny Co., Oct. T., 1912, No. 1119, Docket C., for plaintiff on rule for judgment for want of a sufficient affidavit of defense. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. Before Macearlane, J. The opinion of the Supreme Court states the facts. The court made the rule absolute. Defendant appealed. Error assigned was in making absolute the rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from a judgment entered for want of a sufficient affidavit of defense. The plaintiff brought suit against the defendant as maker of a promissory note payable on demand. It is suggested that the statement of claim does not show that plaintiff made demand upon defendant for payment before bringing suit. This was not necessary. As this court said in Andress’s App., 99 Pa. 421, “the words ‘on demand’ in a note do not make the. demand a condition precedent to a right of action; but import the debt is due and demandable immediately, or at least that…
2Cases cited4 opinions
- Gunster v. Scranton Illuminating, Heat & Power Co.Supreme Court of Pennsylvania · 1897
- Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
- Swearingen v. Sewickley Dairy Co.Supreme Court of Pennsylvania · 1901
- Appeal of AndressSupreme Court of Pennsylvania · 1882
3Cited by28 opinions
- n.sidney Nyhus v. Travel Management CorporationCourt of Appeals for the D.C. Circuit · 1972
- Napolean S. Ambromovage, Lewis Kurtz, Frank Tragus, John Brinkash, Alex Gonzales, Emmett Thomas, Nicholas J. Haydock, John D. Jillson, Joseph Fauzio, and Frank J. Galgay, Trustees of the Anthracite Health and Welfare Fund v. United Mine Workers of America, an Unincorporated Trade Union Association, Appeal of Napolean S. Ambromovage Napolean S. Ambromovage, Lewis Kurtz, Frank Tragus, John Brinkash, Alex Gonzales, Emmett Thomas, Nicholas J. Haydock, John D. Jillson, Joseph Fauzio, and Frank J. Galgay, Trustees of the Anthracite Health and Welfare Fund v. United Mine Workers of America, an Unincorporated Trade Union Association, Appeal of United Mine Workers of America, an Unincorporated Trade Union AssociationCourt of Appeals for the Third Circuit · 1984
- Todd v. SkellySupreme Court of Pennsylvania · 1956
- Aarons v. Pub. Ser. B. L. Assn.Supreme Court of Pennsylvania · 1935
- Ambromovage v. United Mine WorkersCourt of Appeals for the Third Circuit · 1984
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