Beethoven Building Ass'n v. Weber
Supreme Court of Pennsylvania
Error to the Common Pleas, No. 3, of Philadelphia County to review a judgment entered for want of an affidavit of defense.
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Error to the Common Pleas, No. 3, of Philadelphia County to review a judgment entered for want of an affidavit of defense. The plaintiff below, defendant in error, brought an action on the case, November 13, 1885, on an instrument of writing, written in German, a translation of which is as follows: No. 302. Philadelphia, Aug. 11, 1884. Mr. J. J. Pickle, treasurer of the Beethoven Building Association, pay to Valentine Weber, or order, the sum of eleven hundred and eleven dollars and seventy-five cents. 5 paid-up shares, 4th S., $899.05 Paid-up interest, 6.87 Paid in advance, 200.00 Interest,…
1Opinion of the Court
Per Curiam :
The affidavit of defense does not aver facts with sufficient precision to show they would constitute a valid defense. Whether the $100 was paid as a bonus or to apply on the order is left to conjecture. The claim filed indicates the latter. If any improper act was done by the treasurer, who was the officer of the association, the latter should not be permitted to plead that action as a bar to a recovery.
Judgment affirmed.
2Cited by4 opinions
- Porter v. BrownSupreme Court of Louisiana · 1869
- Bérard v. BoagniSupreme Court of Louisiana · 1878
- Kugler v. TaylorSupreme Court of Louisiana · 1867
- Lavendan v. ForstallLouisiana Court of Appeal · 1907