Monsarratt v. Trust Co.
Superior Court of Pennsylvania
Appeal, No. 207, April T., 1900, by defendant, in suit of N. Monsarratt, receiver of the Columbus, Hocking Valley & Toledo Railroad Company, against the Equitable Trust Company, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1899, No. 365, in favor of plaintiff for want of a sufficient affidavit of defense. Opinion by W. W. Porter, J. Rule for judgment for want of a sufficient affidavit of defense The facts sufficiently appear in the opinion of the court.
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Appeal, No. 207, April T., 1900, by defendant, in suit of N. Monsarratt, receiver of the Columbus, Hocking Valley & Toledo Railroad Company, against the Equitable Trust Company, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1899, No. 365, in favor of plaintiff for want of a sufficient affidavit of defense. Opinion by W. W. Porter, J. Rule for judgment for want of a sufficient affidavit of defense The facts sufficiently appear in the opinion of the court. Judgment for plaintiff for want of a sufficient affidavit of defense for $1,416.39. Defendant appealed. Error assigned was in making…
1Opinion of the Court
Opinion by
William W. Porter,
This suit is brought by “N. Monsarratt, Receiver of the Columbus, Hocking Valley and Toledo Railway Company,” upon a surety bond which was given by the defendant company to secure the performance of the covenants of an agreement by certain parties with the receiver for the use of two locomotives. The claim is for the amount of the rentals unpaid by the principals, under the agreement. Judgment has been entered for want of sufficient affidavit of defense.
To the first statement filed, an affidavit of defense was presented. We are furnished with no copy of the…
2Cases cited2 opinions
- Kramph's v. Hatz's ExecutorsSupreme Court of Pennsylvania · 1866
- Zane v. KennedySupreme Court of Pennsylvania · 1873
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