Cornelius v. The Bank
Superior Court of Pennsylvania
Appeal, No. 107, April T., 1900, by defendant, in a suit of Katharine S. Cornelius, executrix of Charles E. Cornelius, against Lincoln National Bank, from order of C. P. No. 2, Allegheny Co., Oct. T., 1899, No. 740, making absolute rule for judgment for want of a sufficient affidavit of defense. Opinion by W. D. Porter, J. Assumpsit. Before White, P. J. The following facts appear from the opinion of the court below.
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Appeal, No. 107, April T., 1900, by defendant, in a suit of Katharine S. Cornelius, executrix of Charles E. Cornelius, against Lincoln National Bank, from order of C. P. No. 2, Allegheny Co., Oct. T., 1899, No. 740, making absolute rule for judgment for want of a sufficient affidavit of defense. Opinion by W. D. Porter, J. Assumpsit. Before White, P. J. The following facts appear from the opinion of the court below. C. E. Cornelius had a large bank account in defendant bank, running from November 24, 1896, to October 15, 1898, on which day he died. At that date, the balance standing on the…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
This action was brought to recover the amount of a balance apparently due upon a bank account, which was open and unsettled at the death of plaintiff’s testator. Attached to and made part of plaintiff’s statement was an itemized account of the credits to which it was alleged the decedent was entitled. The affidavit of defense challenges but one of these items. As that item, however, is larger than the apparent balance due, the defense involves the whole of plaintiff’s claim. Plaintiff’s statement avers that Charles E. Cornelius died on October 15, 1898, and that he…
2Cases cited13 opinions
- Hunt v. GilmoreSupreme Court of Pennsylvania · 1868
- Howard v. TurnerSupreme Court of Pennsylvania · 1893
- Shisler v. VandikeSupreme Court of Pennsylvania · 1880
- Glennon v. Lebanon Mfg. Co.Supreme Court of Pennsylvania · 1891
- Acetylene Light, Heat & Power Co. v. SmithSuperior Court of Pennsylvania · 1899
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