Potter v. Hartnett
Supreme Court of Pennsylvania
Appeal, No. 83, July T., 1891, by defendant, Richard W. Hartnett, from judgment of C. P. No. 1, Phila. Co., Mareb T., 1891, No. 449, for want of a sufficient affidavit of defence in favor of plaintiffs, Charles Potter, Jr., et al. Assumpsit on judgment recovered in the state of New York. The statement claimed the sum of $538.16 with interest, and annexed was an exemplified copy of the record from the New York court.
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Appeal, No. 83, July T., 1891, by defendant, Richard W. Hartnett, from judgment of C. P. No. 1, Phila. Co., Mareb T., 1891, No. 449, for want of a sufficient affidavit of defence in favor of plaintiffs, Charles Potter, Jr., et al. Assumpsit on judgment recovered in the state of New York. The statement claimed the sum of $538.16 with interest, and annexed was an exemplified copy of the record from the New York court. The affidavit of defence filed by defendant was as follows: “Richard W. Hartnett, being duly sworn according to law, deposes and says that he is the defendant in the above, which…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
As the record of the judgment sued upon shows a service of *19the summons on the defendant within the jurisdiction of the New York court, the judgment is conclusive up to its date, and that part of the affidavit of defence which relates to previous matters is irrelevant and must be disregarded. It does however throw an explanatory light on the agreement subsequently set up, by showing that the original debt was for money claimed to have been advanced by plaintiffs and used by defendant for traveling expenses in plaintiff’s service. The affidavit then avers that it…
2Cases cited1 opinion
- Savage v. EvermanSupreme Court of Pennsylvania · 1872
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