Vineland National Bank & Trust Co. v. Kotok

Opinion bt

Kelleb, P. J.,

Plaintiff appeals from the order of the court below discharging its rule for judgment for want of a sufficient affidavit of defense in an action of assumpsit.

The action was on a promissory note for $750 signed by the defendant, Sadie Kotok, dated July 13, 1936, payable thirty days after date, to the order of the plaintiff, which it was averred the defendant refused to pay on the due date though requested so to do.

The affidavit of defense admitted that defendant had made and delivered to plaintiff the note in suit but denied liability therefor because of averments,…