Homewood People's Bank v. Heckert
Supreme Court of Pennsylvania
Appeal, No. 47, Oct. T., 1903, by defendant, from order of C. P. No. 3, Allegheny County, Feb. T., 1903, No. 326, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Homewood People’s Bank v. William R. Heckert. Assumpsit on a promissory note. The material agreements of the affidavit of defense are set . forth in the opinion of the Supreme Court.
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Appeal, No. 47, Oct. T., 1903, by defendant, from order of C. P. No. 3, Allegheny County, Feb. T., 1903, No. 326, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Homewood People’s Bank v. William R. Heckert. Assumpsit on a promissory note. The material agreements of the affidavit of defense are set . forth in the opinion of the Supreme Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Pee Cueiam,
The note sued on was an absolute unrestricted promise to pay $3,700 to the order of Thomas Marshall at the Homewood People’s Bank, one month after date. This note was discounted *232by the hank; it was not paid, and the bank brings this suit against the maker. The drawer filed affidavit of defense averring that originally he borrowed from the bank $4,200, and gave a note with the same indorser on the express oral agreement with the bank that he should use the money in the erection of certain buildings, and that it would be renewed from time to time until the buildings were sold; that…
2Cases cited1 opinion
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