Germantown T. Co. v. Emhardt (No. 1)

Opinion by

Mr. Justice Barnes,

Plaintiff entered in the court below its rule upon defendant for judgment for want of a sufficient affidavit of defense. After argument, the court discharged the rule, whereupon plaintiff appealed.

The statement of claim sets forth that on May 4,1928, plaintiff, as guardian of the estate of Catherine Bita Marcolina, entered into a written agreement with defendant whereby the latter guaranteed payment of a certain bond and mortgage in the principal sum of $4,000 given by Henry J. Mager and secured upon premises 78 West Sharpnack Street in the City of Philadelphia.…