Bacon v. Scott
Supreme Court of Pennsylvania
Appeal, No. 248, Jan. T., 1893, by defendant, John H. Scott, from order of C. P. No. 1, Phila. Co., Sept. T., 1892, No. 509, making absolute a rule for judgment for want of a sufficient affidavit of defence in favor of plaintiff, Ansley W. Bacon. Assumpsit on promissory notes by indorsee against maker. Defendant filed an affidavit of defence, and by permission of the court two supplemental affidavits of defence.
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Appeal, No. 248, Jan. T., 1893, by defendant, John H. Scott, from order of C. P. No. 1, Phila. Co., Sept. T., 1892, No. 509, making absolute a rule for judgment for want of a sufficient affidavit of defence in favor of plaintiff, Ansley W. Bacon. Assumpsit on promissory notes by indorsee against maker. Defendant filed an affidavit of defence, and by permission of the court two supplemental affidavits of defence. In the first* supplemental affidavit of defence he averred that plaintiff “ is not the holder and owner for value and before maturity of the notes in suit, but the same were handed…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
The appellant was permitted to file two supplemental affidavits of defence and, making the most of the opportunity thus afforded him, has, by a process of evolution, succeeded in averring facts which constitute a defence in this ease. The suit is upon two promissory notes given to Mershon & Co., in part payment for doors, blinds and moldings sold to appellant by them, whose agent the appellee was in making the sale. It is averred “ that the appellee is not the holder or owner for value before maturity, but the same were handed by Mershon & Co., the payees, to…
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