Clinch Valley Coal & Iron Co. ex rel. Grove v. Willing
Supreme Court of Pennsylvania
Appeal, No. 350, Jan. T., 1896, by defendant, from order of C. P. No. 1, Phila. Co., Dec. T., 1895, No. 1093, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit on promissory notes. Rule for judgment for want of a sufficient affidavit of defense. The facts appear by the opinion of the Supreme Court. Error assigned was in entering judgment for want of a sufficient affidavit of defense.
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Appeal, No. 350, Jan. T., 1896, by defendant, from order of C. P. No. 1, Phila. Co., Dec. T., 1895, No. 1093, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit on promissory notes. Rule for judgment for want of a sufficient affidavit of defense. The facts appear by the opinion of the Supreme Court. Error assigned was in entering judgment for want of a sufficient affidavit of defense. Where an affidavit of defense clearly and specifically sets forth a verbal agreement which induced the execution of the promissory notes in suit, and that evidence is…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The plaintiff was the seller and the defendant was the buyer of certain town lots in the village of Richlands, Tazewell county, Virginia. A portion of the purchase money was not required to be paid at the date of the sale, but was deferred and made payable, one half in one year, and one half in two years thereafter. Notes were given by the defendant for these deferred payments, which were under seal and made payable to the plaintiff company “or its assigns.” They each contained a recital of the fact that the payment of the note was secured by a trust deed…
2Cases cited5 opinions
- Ziegler v. McFarlandSupreme Court of Pennsylvania · 1892
- Keough v. LeslieSupreme Court of Pennsylvania · 1880
- Clarke v. AllenSupreme Court of Pennsylvania · 1890
- Martin v. FridenbergSupreme Court of Pennsylvania · 1895
- Martin v. KlineSupreme Court of Pennsylvania · 1893
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- Keller v. CohenSupreme Court of Pennsylvania · 1907
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