Substantial Building & Loan Ass'n v. Real Estate Title Insurance & Trust Co.

Opinion by

Linn, J.,

Plaintiff brought assumpsit on a negotiable instrument which defendant had paid. Defendant filed an affidavit of defense, raising the legal question “that plaintiff’s statement of claim is insufficient in law.....” and set it down for hearing under section 20 of the Practice Act. After hearing, the court below entered judgment for defendant. Plaintiff appealed.

Our inquiry must be “whether upon the facts averred it [the statement] shows, as a question of law, that plaintiff is not entitled to recover”: Rhodes v. Terheyden, 272 Pa. 397, 401.

The instrument, dated July 22,…