Long v. Long
Supreme Court of Pennsylvania
Appeal, No. 147, Jan. T., 1903, by defendant, from order of C. P. Lebanon Co., Sept. T., 1902, No. 417, making absolute rule for judgment for want a sufficient affidavit of defense in case of D. B. Long v. F. B. Long. Rule for judgment for want of a sufficient affidavit of defense. The material averments of the affidavit of defense are stated in the opinion of the Supreme Court.
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Appeal, No. 147, Jan. T., 1903, by defendant, from order of C. P. Lebanon Co., Sept. T., 1902, No. 417, making absolute rule for judgment for want a sufficient affidavit of defense in case of D. B. Long v. F. B. Long. Rule for judgment for want of a sufficient affidavit of defense. The material averments of the affidavit of defense are stated in the opinion of the Supreme Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The error here alleged is the entry, by the court below, of judgment for want of a sufficient affidavit of defense.
It is averred by the defendant, who is the maker, that-the plaintiff, who is the indorsee, is not the real holder or owner of the notes in suit, and that he has no valid title to them, but that the Lebanon National Bank is the real holder and owner. And in a supplemental affidavit of defense he alleges that he has a good defense as against the bank, by way of a set-off in damages arising out of a breach of contract collateral to the notes in suit.
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2Cases cited3 opinions
- Bacon v. ScottSupreme Court of Pennsylvania · 1893
- Halfpenny v. BellSupreme Court of Pennsylvania · 1877
- Weixel v. LennoxSupreme Court of Pennsylvania · 1897
3Cited by4 opinions
- Fifth Mutual Building Society of Manayunk's AppealSupreme Court of Pennsylvania · 1934
- Fisher v. DavisSupreme Court of Pennsylvania · 1923
- Philadelphia National Bank v. BuchmanSupreme Court of Pennsylvania · 1934
- Martz v. W. H. Wilcox Co.Superior Court of Pennsylvania · 1914