Galena Mining & Smelting Co. v. Frazier
Superior Court of Pennsylvania
Appeal, No. 225, Oct. T., 1901, by defendant, from order of C. P. No. 2, Phila. Co., making absolute a rule for judgment for want of a sufficient affidavit of defense in case of Galena Mining & Smelting Company v. W. W. Frazier. Assumpsit to recover $250, assessment on shares of stock.
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Appeal, No. 225, Oct. T., 1901, by defendant, from order of C. P. No. 2, Phila. Co., making absolute a rule for judgment for want of a sufficient affidavit of defense in case of Galena Mining & Smelting Company v. W. W. Frazier. Assumpsit to recover $250, assessment on shares of stock. The defendant filed the following affidavit of defense : The plaintiff is a corporation of the state of New Jersey, and was, at the time of the alleged signing by me of the agreement referred to by the plaintiff in its statement of claim, and whereby it is attempted to hold me responsible for the sum claimed…
1Opinion of the Court
Opinion by
Orlady, J.,
For want of a sufficient affidavit of defense the court below entered a judgment against the defendant and whatever doubt there is as to the correctness of its action is due to the failure of appellant to print an important agreement in writing called “ Exhibit A,” which is attached to and made a part of the plaintiff’s statement of claim.
The plaintiff is a New Jersey corporation, and its demand in this action is for the sum of 1250 with interest thereon, which amount covers two assessments of twenty-five cents each on each share of 500 shares of stock, which the…
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