Hardysh v. Yurkovsky

Opinion by

Cunningham, J.,

Plaintiff’s action was in assumpsit to recover from defendant upon two separate items, with interest on each,—$2,000 upon a promissory note, made and de livered by defendant to plaintiff, and $75 for money loaned by plaintiff to defendant.

Defendant filed an affidavit of defense, the third paragraph of which was twice amended, in which he averred, as to the item of $75, that the money had been loaned to the Mountain Grove Coal Company and not to defendant.

Plaintiff, conceding the sufficiency of the affidavit as to this item but contending that it was insufficient as to…