Saint Joseph's Polish Catholic Beneficial Society v. Saint Hedwig's Church
Superior Court of Delaware
The plaintiff filed an affidavit of demand, the body of which was as follows: “ State of Delaware ) Vss. New Castle County ) “Before me George H. Hollis a Notary Public for the State j of Delaware personally comes John Maliszefski Treasurer of the ) said Society the plaintiff above named, who being by me duly sworn according to law, deposes and says, that annexed hereto is ¡ an exact copy of a promissory note sued upon in this action; that the sum demanded by the said…
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The plaintiff filed an affidavit of demand, the body of which was as follows: “ State of Delaware ) Vss. New Castle County ) “Before me George H. Hollis a Notary Public for the State j of Delaware personally comes John Maliszefski Treasurer of the ) said Society the plaintiff above named, who being by me duly sworn according to law, deposes and says, that annexed hereto is ¡ an exact copy of a promissory note sued upon in this action; that the sum demanded by the said defendant which is due and unpaid is Thirteen Hundred and Thirty dollars ($1330). “ John Maliszefski, “ Treasurer of Saint…
1Opinion of the Court
Spruance, J.:
On the last two grounds we hold that the affidavit is insufficient.
Judge Grubb’s view is that it is enough that the affiant has not sworn that he is the treasurer of the corporation. 1 would put it as well on the ground of the defect in the note itself. The note does not show upon its face any obligation of the corporation defendant to the plaintiff.
We refuse judgment, notwithstanding the affidavit of demand.
2Cited by4 opinions
- Lamson v. HabbartSuperior Court of Delaware · 1945
- Newlin v. AdairSuperior Court of Delaware · 1912
- Peyton-Du Pont Securities Co. v. Vesper Oil & Gas Co.Superior Court of Delaware · 1925
- Bunting v. HudsonSuperior Court of Delaware · 1918