Eliel v. Chamberlain
Superior Court of Pennsylvania
Appeal, No. 175, Oct. T., 1911, by defendant, from order of C. P. No. 4, Phila. Co., June T., 1911, No. 278, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Louis S. Eliel v. Joseph. B. Chamberlain. Rule for judgment for want of a sufficient affidavit of defense.
Read the full summary
Appeal, No. 175, Oct. T., 1911, by defendant, from order of C. P. No. 4, Phila. Co., June T., 1911, No. 278, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Louis S. Eliel v. Joseph. B. Chamberlain. Rule for judgment for want of a sufficient affidavit of defense. The affidavit of defense was as follows: Deponent avers that the note, a copy of which is attached to the plaintiff’s statement of claim, was obtained from him by the payee, A. Bender, by fraud, under the following circumstances: on or about March 29, 1911, the said A. Bender, who is a…
1Opinion of the Court
Opinion by
Morrison, J.,
This was an action of assumpsit by an indorsee against the maker of a promissory note. The learned court below entered judgment for want of a sufficient affidavit of defense, and the defendant has taken this appeal. The case is so near like Schultheis v. Sellers, 223 Pa. 513, that we cannot do better than to quote from the opinion of the Supreme Court in that case by Mr. Justice Mestrezat:
“We think the court was in error and that the case should have been sent to a jury. The question is not whether the defendant is hable on the note in suit, but whether the averments in…
2Cases cited15 opinions
- Second National Bank v. HoffmanSupreme Court of Pennsylvania · 1911
- Newbold v. PennockSupreme Court of Pennsylvania · 1893
- Andrews v. Blue Ridge Packing Co.Supreme Court of Pennsylvania · 1903
- First National Bank v. Gregg & Co.Supreme Court of Pennsylvania · 1875
- Lerch Hardware Co. v. First National BankSupreme Court of Pennsylvania · 1885
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Estate of Helen TurnbullSuperior Court of Pennsylvania · 1926
- Liab v. KozuhowskiSuperior Court of Pennsylvania · 1913
- Security Tr. Co. of Pottstown v. HubertSuperior Court of Pennsylvania · 1933
- City Trust & Savings Bank v. SchwartzSuperior Court of Pennsylvania · 1914