Marquis v. McKay
Supreme Court of Pennsylvania
Appeal, No. 66, Oct. T., 1906, by plaintiff, from order of C. P. Lawrence Go., discharging rule for judgment for want of a sufficient affidavit of defense in case of M. S. Marquis v. Robert I. McKay et al. Assumpsit on a promissory note. Before Porter, P. J. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the case. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This is an appeal from the action of the court below discharging a rule for judgment for want of a sufficient affidavit of defense. It is averred in the affidavit, that the note in suit was given and accepted as a guarantee for the payment of certain money loaned by plaintiff to the Boston and Seattle Mining Company, in which both plaintiff and defendants were alike interested financially; that the makers of the note were to be called on to pay only in the event that the mining company was unable, and then only such amount as was not recoverable from the company;…
2Cases cited1 opinion
- Chartiers Railway Co. v. HodgensSupreme Court of Pennsylvania · 1875
3Cited by6 opinions
- Russ Soda Fountain Co. v. Victor Pastry Shoppe, Inc.Superior Court of Pennsylvania · 1936
- Moy v. Colonial Finance Corp.Supreme Court of Pennsylvania · 1924
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1907
- Miller v. FrySuperior Court of Pennsylvania · 1914
- Joseph Schlitz Brewing Co. v. RosenbluthSuperior Court of Pennsylvania · 1907
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