Gandy v. Weckerly
Supreme Court of Pennsylvania
Appeal, No. 116, Oct. T., 1906, by defendant, from order of C. P. No. 5, Phila. Co., Dec. T., 1905, No. 1,261, making absolute rule for judgment for want of a sufficient affidavit of defense in case of George S. Gandy v. Frank Weckerly. Assumpsit on a promissory note. The averments of the affidavit of defense are set forth in the opinion of the Superior Court. The court made absolute rule for judgment for want of a sufficient affidavit of defense.
Read the full summary
Appeal, No. 116, Oct. T., 1906, by defendant, from order of C. P. No. 5, Phila. Co., Dec. T., 1905, No. 1,261, making absolute rule for judgment for want of a sufficient affidavit of defense in case of George S. Gandy v. Frank Weckerly. Assumpsit on a promissory note. The averments of the affidavit of defense are set forth in the opinion of the Superior Court. The court made absolute rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order of the court.
1DissentMorrison, J.
I would reverse this judgment first of all because I think the utmost that can be said, in favor of the plaintiff’s right to have such a judgment, is that it is doubtful. It was not the purpose of the statute, which gives to a plaintiff a summary judgment and denies to a defendant the right to have his defense passed upon by a jury, that its provisions should apply to one whose claim is doubtful. In such case the doubt should be resolved in favor of /the defendant and the cause sent to a jury for trial.
But unless we are justified in closing our eyes to a number of authoritative utterances by…
2Cases cited7 opinions
- Clinch Valley Coal & Iron Co. ex rel. Grove v. WillingSupreme Court of Pennsylvania · 1897
- Juniata Building & Loan Ass'n v. HetzelSupreme Court of Pennsylvania · 1883
- Greenawalt v. KohneSupreme Court of Pennsylvania · 1877
- Cake v. Pottsville BankSupreme Court of Pennsylvania · 1887
- Fidelity & Casualty Co. v. HarderSupreme Court of Pennsylvania · 1905
2 more not listed; retrieve them via the Exa API.