Pourchot v. Real Estate-Land Title & Trust Co.

Lewis, J.,

— Plaintiff, by bis rule for judgment for want of a sufficient affidavit of defense and by his “statutory demurrer,” challenges the sufficiency of the defendant’s plea of payment set up in its affidavit of defense under the heading of “new matter.”

*782The defendant title insurance company in its pleadings averred that it drew its settlement check, dated June 18,1932, in the sum of $831.37 (being the proceeds of a mortgage settlement which took place at the settlement rooms of the defendant company) to the order of plaintiff and delivered said check to Smith. A photostatic copy of the…