Lincoln National Bank v. Miller
Supreme Court of Pennsylvania
Appeal, No. 21, Oct. T., 1916, by defendant, from judgment of O. P. Allegheny Co., Oct. T., 1915, No. 497, for plaintiff, for want of a sufficient affidavit of defense, in case of The Lincoln National Bank of Pittsburgh, a Corporation, v. James M. Miller. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. The court made absolute plaintiff’s rule for judgment for want of a sufficient affidavit of defense. Defendant appealed.
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Appeal, No. 21, Oct. T., 1916, by defendant, from judgment of O. P. Allegheny Co., Oct. T., 1915, No. 497, for plaintiff, for want of a sufficient affidavit of defense, in case of The Lincoln National Bank of Pittsburgh, a Corporation, v. James M. Miller. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. The court made absolute plaintiff’s rule for judgment for want of a sufficient affidavit of defense. Defendant appealed. Error assigned was in entering judgment for plaintiff for want of a sufficient affidavit of defense.
1Opinion of the Court
Per Curiam,
This case is clearly distinguishable from First National Bank v. Gerli, 232 Pa. 465, relied upon by counsel for appellant. The distinction is sufficiently pointed out in the opinion of the learned court below making absolute the rule for judgment for want of a sufficient affidavit of defense, and, on that opinion, the judgment is affirmed.
2Cases cited1 opinion
- First National Bank v. GerliSupreme Court of Pennsylvania · 1911
3Cited by2 opinions
- Bosworth v. GreilingWisconsin Supreme Court · 1934
- American Nat'l Bank v. CommissionerUnited States Board of Tax Appeals · 1928