Martz v. W. H. Wilcox Co.
Superior Court of Pennsylvania
Appeal, No. 33, March T., 1914, by defendant, from order of C. P. Luzerne Co., March T., 1913, No. 607, discharging rule for judgment for want of a sufficient affidavit of defense in case of Frank Martz v. W. H. Wilcox Company. Assumpsit on a promissory note.
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Appeal, No. 33, March T., 1914, by defendant, from order of C. P. Luzerne Co., March T., 1913, No. 607, discharging rule for judgment for want of a sufficient affidavit of defense in case of Frank Martz v. W. H. Wilcox Company. Assumpsit on a promissory note. The note in suit was as follows: “$1,118.49. Plymouth, Pa., 12-27-1912. “One month after date I promise to pay to the order of W. H. Wilcox........at the First National Bank of Plymouth, Pa., Eleven Hundred Eighteen and 49.100......Dollars, without defalcation for value received. “No. 6654. Due 1-27-13. Frank Martz.” The note was…
1Opinion of the Court
Opinion by
Kephart, J.,
This is an action of assumpsit on a promissory note given by the appellee to W. H. Wilcox on December 27, *1711912, payable one month after date, in the sum of-$1,118.49. Before maturity the note was indorsed to W. EL Wilcox Company, who brought suit thereon, and afterward, through bankruptcy, was sold to Philip V. Mattes, who is here the appellant. On the filing of the affidavit, a rule was taken for judgment for want of sufficient affidavit of defense, which the court below discharged and the plaintiff appeals.
As the affidavit of defense is quite lengthy we will…
2Cases cited10 opinions
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- Clinch Valley Coal & Iron Co. ex rel. Grove v. WillingSupreme Court of Pennsylvania · 1897
- Keough v. LeslieSupreme Court of Pennsylvania · 1880
- Faux v. FitlerSupreme Court of Pennsylvania · 1909
- Bacon v. ScottSupreme Court of Pennsylvania · 1893
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