Fidelity & Casualty Co. v. Gizynski

Opinion by

Gawthrop, J.,

This is an appeal from an order discharging plaintiff’s rule for judgment for want of a sufficient affidavit of defense. The action is in assumpsit against an accommodation endorser of certain negotiable promissory notes. The averments in the statement of claim material for our consideration are as follows: On or about July 10, 1925, Ranier Trucks Inc., leased an automobile truck to one Kosior for a term ending June 10, 1926, and as part of the transaction and for the securing of the payment of the rent reserved by the lease, Kosior executed and delivered to Ranier…