Parry v. First National Bank
Supreme Court of Pennsylvania
Appeal, No. 73, Jan. T., 1921, by plaintiff, from order of C. P. Carbon Co., Oct. T., 1919, No. 47, discharging rule for judgment for want of sufficient affidavit of defense in case of William J. Parry v. First National Bank of Lansford. Assumpsit to recover cash, stocks and bonds deposited. Before Barber, P. J. Rule for judgment for want of sufficient affidavit of defense. The opinion of the Supreme Court states the facts. The court discharged the rule. Plaintiff appealed.
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Appeal, No. 73, Jan. T., 1921, by plaintiff, from order of C. P. Carbon Co., Oct. T., 1919, No. 47, discharging rule for judgment for want of sufficient affidavit of defense in case of William J. Parry v. First National Bank of Lansford. Assumpsit to recover cash, stocks and bonds deposited. Before Barber, P. J. Rule for judgment for want of sufficient affidavit of defense. The opinion of the Supreme Court states the facts. The court discharged the rule. Plaintiff appealed. Error assigned, inter alia, above order, quoting it.
1Opinion of the Court
Opinion by
Mr. Chief Justice Moschzisker,
This is an appeal from an order refusing to enter judgment for want of a sufficient affidavit of defense.
*558Plaintiff claims $5,757.46, with interest, on six separate allegations of indebtedness, set forth in as many paragraphs of his statement, the first of these being as follows: “3. On December 4, 1918, plaintiff had on deposit, in cash, in the savings department, in the First National Bank of Lansford, Pa., the sum of $1,057.46.” The averment just quoted is followed by two other paragraphs, setting forth a demand by plaintiff for the return of the…
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