Alwine v. Erb

Sohn, J.,

On June 25, 1954, plaintiff in this case brought suit against defendant on a check dated July 23,1948, payable to the order of H. K. Alwine, plaintiff, and signed by defendant, Mary H. Erb. The check is in the amount of $1,500, and on its face purports to have thereon in the handwriting of defendant the words “in full money advanced to pay on house.” The pleadings admit the execution and delivery of the said check to plaintiff by defendant. However, defendant’s answer, inter alia, contains new matter. To the said answer plaintiff filed preliminary objections entitled, “Preliminary…