Security T. & T. Co. v. Welsh & Brown

Opinion by

Keller, J.,

Action in assumpsit on a promissory note.

To the plaintiff’s statement averring the execution and delivery of the note by the defendants they filed an affidavit of defense admitting such execution and delivery, but setting up by way of “new matter” certain facts which, they claimed, relieved them of liability for its payment.

The plaintiff did not file any assignments of insufficiency to the “new matter” on its merits, but entered a rule to strike out the “new matter” because it should have been headed, “set off” or “counter claim,” instead of “new matter;” and…