Ellis v. Anderson
Superior Court of Pennsylvania
Appeal, No. 151, Oct. T., 1911, by plaintiff, from order of C. P. No. 3, Phila. Co., Dec. T., 1910, No. 4,299, discharging rule for judgment for want of a sufficient affidavit of defense in case of E. R. Ellis v. James B. Anderson. Assumpsit on two promissory notes. The facts are stated in the opinion of the Superior Court. The court in an opinion by Davis, J., discharged the rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 151, Oct. T., 1911, by plaintiff, from order of C. P. No. 3, Phila. Co., Dec. T., 1910, No. 4,299, discharging rule for judgment for want of a sufficient affidavit of defense in case of E. R. Ellis v. James B. Anderson. Assumpsit on two promissory notes. The facts are stated in the opinion of the Superior Court. The court in an opinion by Davis, J., discharged the rule for judgment for want of a sufficient affidavit of defense. Error assigned was order' discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Poktek, J.,
The plaintiff brought this action of assumpsit to recover the amount of two promissory notes made payable to his order by the defendant. The defendant filed an affidavit of defense, which the court below held to be sufficient and discharged a rule for judgment, from which order the plaintiff appeals. The affidavit of defense admitted the execution of the notes, stating that they were *248renewals of notes previously givep, the original notes having been executed and delivered by defendant to plaintiff at the time of the delivery to the former of two policies of insurance upon…
2Cases cited1 opinion
- Snyder v. Nederland Life InsuranceSupreme Court of Pennsylvania · 1902
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- Ætna Life Ins. v. ClarkSuperior Court of Pennsylvania · 1916
- New England Mutual Life Insurance v. BrooksIndiana Court of Appeals · 1920
- Union Central Life Insurance v. Melloy, Pennsylvania Court of Common Pleas, Philadelphia County1931