Willing v. Lupin Building & Loan Ass'n

MARIS, District Judge.

This is an action brought by the receiver of the Commercial National Bank of Philadelphia (hereinafter called the Bank) to recover a balance due on two promissory notes executed by the defendant. The averments of the statement of claim and of the new matter and set-off or counterclaim in the affidavit of defense which are admitted or insufficiently denied disclose the following facts:

On July 28, 1926, defendant executed its demand note for $1,200 payable to Louis Ettelson, and on May 25, 1927, executed its demand note for $4,000, also payable to Louis Ettelson. On…