Miller v. Fry
Superior Court of Pennsylvania
Appeal, No. 10, March T., 1914, by defendant, from order of C. P. York Co., April Term, 1913, No. 63, making absolute rdle for judgment for want of a sufficient affidavit of defense in case of William A. Miller v. George W. Fry. Assumpsit on a promissory note. Before Ross, J. The note in suit was as follows: “UNITED STATES OF AMERICA.
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Appeal, No. 10, March T., 1914, by defendant, from order of C. P. York Co., April Term, 1913, No. 63, making absolute rdle for judgment for want of a sufficient affidavit of defense in case of William A. Miller v. George W. Fry. Assumpsit on a promissory note. Before Ross, J. The note in suit was as follows: “UNITED STATES OF AMERICA. No. 3626 • Due 2/20/13. “$1000 West York, Pa., Nov. 22, 1912. “Ninety days after date I promise to pay to the order of William A. Miller at The Industrial National Bank, West York, Pa., One Thousand........Dollars, without defalcation, for value recéived, hereby…
1Opinion of the Court
Opinion by
Trexler, J.,
This was an action of assumpsit by the payee against the maker of a promissory note. The court below entered judgment for want of a sufficient affidavit of defense. We think the defendant was entitled to go to trial. The affidavit is not as clear and precise as we might wish, but we cannot say it is so faulty as not to disclose a valid defense. After specifically denying the material facts contained in. the statement, it alleges that the plaintiff and defendant, desiring in common to borrow the sum of $1,000 for the benefit of J. W. Bittinger, jointly obtained said sum.…
2Cases cited5 opinions
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- Clinch Valley Coal & Iron Co. ex rel. Grove v. WillingSupreme Court of Pennsylvania · 1897
- Faux v. FitlerSupreme Court of Pennsylvania · 1909
- Marquis v. McKaySupreme Court of Pennsylvania · 1907
- Kennett Square National Bank v. ShawSupreme Court of Pennsylvania · 1904
3Cited by2 opinions
- Hertzog v. LeonSupreme Court of Pennsylvania · 1924
- Smith v. National BankSuperior Court of Pennsylvania · 1915