Legal Opinion
Beaver Valley Lodge, No. 749, I. O. O. F. v. First National Bank
Superior Court of Pennsylvania
Decided July 29, 1898No. Appeal, No. 104PublishedCited by 1 opinion
Appeal, No. 104, April T., 1898, by plaintiff, from order of C. P. Beaver Co., March T., 1897, No. 89, dismissing rule for judgment for want of a sufficient affidavit of defense. Assumpsit. Before Wilson, P. J. The facts sufficiently appear in the opinion of the court. The court below discharged the rule for judgment for want of a sufficient affidavit of defense. Plaintiff appealed. Error assigned was refusal of judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff brought suit on a certificate of deposit, in form-as follows:
*554“ No. 1416. $300.00.
“ First National Bank.
“Beaver Falls, Pa., Nov. 22, 1895.
“ Trustees of Beaver Valley Lodge, No. 749,1. O. O. F. have deposited with this Bank $300.00. Payable to their order in current funds on return of this certificate. If left six months interest to be computed hereon at the rate of three per cent per annum' on even months. Interest to cease in twelve months frbm date. This certificate not subject to check.
(Signed) “W. F. Bell,
“ Assistant Cashier.”
and in the statement averred:
“…
2Cases cited2 opinions
- West Phila. N. Bank v. FieldSupreme Court of Pennsylvania · 1891
- Bisbing v. GrahamSupreme Court of Pennsylvania · 1850
3Cited by1 opinion
- Barclay v. Lehigh Coal & Navigation Co.Superior Court of Pennsylvania · 1907