Legal Opinion

Wolf v. Rosenbach

Superior Court of Pennsylvania

Decided November 9, 1896No. Appeal, No. 120PublishedCited by 7 opinions

Appeal, No. 120, Not. T., 1896, by-defendant, from order of C. P. No. 2, Pbila. Co., June T., 1896, No. 651, making absolute rule for judgment for want of a sufficient affidavit of defense. Reeder, J., dissents. Assumpsit on a promissory note. The facts sufficiently appear in the opinion of the Superior Court. Error assigned was, making absolute the rule for judgment for want of a sufficient affidavit of defense.

1Opinion of the Court

Opinion by

Orlady, J.,

This suit was brought against appellant as indorser of a note, viz:

“ Philadelphia, March 2d, 1896.
“1750.00
“ Three months after date I promise to pay to the order of M. P. Rosenbach & Co., seven hundred and fifty dollars at 101 South 13th st., without defalcation, value received.

(Signed) “ Miriam W ole

(Endorsed)

“ M. P. Rosenbach & Co.
“Wole & Co.”

*588The defense to the action, as set out in the affidavit filed, was “ The note upon which this suit is based was drawn by-Miriam H. Wolf to accommodate and for the benefit of deponent (M. P. Rosenbach), with the distinct…

2Cases cited12 opinions

  1. Martin & Monroe v. BerensSupreme Court of Pennsylvania · 1871
  2. Thomas & Sons v. Loose, Seaman & Co.Supreme Court of Pennsylvania · 1886
  3. Phillips v. MeilySupreme Court of Pennsylvania · 1884
  4. Ziegler v. McFarlandSupreme Court of Pennsylvania · 1892
  5. Clarke v. AllenSupreme Court of Pennsylvania · 1890

7 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Appleby v. BarrettSuperior Court of Pennsylvania · 1905
  2. Butler v. KellerSuperior Court of Pennsylvania · 1902
  3. Fidelity Trust Co. v. KohnSuperior Court of Pennsylvania · 1904
  4. Martin v. McCuneSuperior Court of Pennsylvania · 1898
  5. Patton v. FoxSuperior Court of Pennsylvania · 1903

2 more not listed; retrieve them via the Exa API.

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