Massachusetts Bonding & Ins. v. Harrisburg Trust Co.

JOHNSON, District Judge.

This is a motion for judgment for want of a sufficient affidavit of defense. The action is assumpsit to recover five thousand dollars, five years annual premium on a bond given by the plaintiff to the Commonwealth of Pennsylvania to secure deposits of the Commonwealth in defendant trust company. The motion alleges in substance that the affidavit of defense is insufficient because it is vague, evasive, inadequate and sets forth conclusions of law.

Plaintiff alleges in the statement that defendant has never furnished any evidence to plaintiff of its discharge or release…