Sharp v. Wightman
Supreme Court of Pennsylvania
Appeal, No. 127, Jan. T., 1902, by John E. Wightman, from order of C. P. No. 1, Phila. Co., Dec. Term, 1901, No. 4098, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Isaac S. Sharp, Executor of Jane A. Wightman, Deceased, v. John E. Wight-man. Assumpsit on promissory notes. Rule for judgment for want of a sufficient affidavit of defense. The averments of the affidavit of defense are set forth in the opinion of the Supreme Court.
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Appeal, No. 127, Jan. T., 1902, by John E. Wightman, from order of C. P. No. 1, Phila. Co., Dec. Term, 1901, No. 4098, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Isaac S. Sharp, Executor of Jane A. Wightman, Deceased, v. John E. Wight-man. Assumpsit on promissory notes. Rule for judgment for want of a sufficient affidavit of defense. The averments of the affidavit of defense are set forth 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 Dean,
John G. Wightman, the defendant, is the son of Jane A. Wightman for whom the plaintiff is executor. The mother died on August 24, 1901, possessed of considerable estate. In her lifetime she had frequently given to her son money in amounts of $200 and $300, for which she took his promissory notes which were in her possession uncanceled at her death. On these notes, amounting with interest to over $3,000, the executor brought suit against the son; the son made affidavit of defense, averring: 1. That one note of over $1,500 was made up of several of the smaller notes,…
2Cases cited2 opinions
- Zeigler v. EckertSupreme Court of Pennsylvania · 1847
- Baily's EstateSupreme Court of Pennsylvania · 1893
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- Elwart's EstateSuperior Court of Pennsylvania · 1913
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