Bronson v. Silverman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Qrawford county: Of October and November Term 1874, No. 48. This was an action of assumpsit, brought July 24th 1873, by Lazarus Silverman against Alfred H. Bronson.
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Error to the Court of Common Pleas of Qrawford county: Of October and November Term 1874, No. 48. This was an action of assumpsit, brought July 24th 1873, by Lazarus Silverman against Alfred H. Bronson. The cause of action was a promissory note, a copy of which was filed with the declaration; and is as follows:— “$2750. Titusville, Pa., June 29th 1872. June 30th 1873, after date, for value received, I promise to pay to the order of the Chicago Petroleum and Mining Company, twenty-seven hundred and fifty dollars, at the Citizens’ Bank of Titusville. A. H. Bronson.” (Endorsed): “ The Chicago…
1Opinion of the CourtJustice Merour
The rule of court under which this judgment was taken requires “ an affidavit of defence in which the nature and character of the defence shall be clearly and specifically stated.” This, then, *96imposed on the party making it, the necessity of averring with reasonable precision and distinctness, facts which, if true, would constitute a defence. It does not require'a statement of the manner in which those facts will be proved, nor of the evidence by which they will be substantiated. It is presumed they will be proved according to the rules of law and the practice of the court.
In this case the…
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