Troop v. Franklin Savings & Trust Co.

Opinion by

Me. Justice Simpson,

In this suit, judgment was entered for the defendant bank, upon questions of law raised in its affidavit of defense, and plaintiff now appeals. Under such circumstances, every relevant fact sufficiently averred in the statement of claim, every inference fairly deducible therefrom, and every fact of which the court can take judicial notice, must be accepted as true; but all others must be treated as nonexistent: Robert Grace Contracting Co. v. Norfolk & Western Ry. Co., 259 Pa. 241.

Plaintiff averred in his statement that the bank held two overdue notes upon which…