Hornblower v. Austin

Opinion by

Stadfeld, J.,

This is an appeal by defendant from the order of the lower court entering judgment for want of a sufficient affidavit of defense.

Plaintiffs brought an action in assumpsit against the defendant for the sum of $193.40 with interest from June 24, 1929, being the proceeds of sale of certain stock rights in the Chesapeake Corporation, received by the defendant.

The facts are not in dispute.

On May 10, 1929, and prior thereto John M. Austin, the defendant, was the owner of record of ten shares of stock of the Chesapeake Corporation and on that day he sold the' said ten shares…