Freedley v. Jacoby
Supreme Court of Pennsylvania
Appeal, No. 20, Jan. T., 1908, by defendant, from order of C. P. Mo. 3, Phila. Co., June T., 1907, Mo. 5,491, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Henry Freedley, Executor, v. William F. Jacoby. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. ,- The opinion of the Supreme Court states the case.
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Appeal, No. 20, Jan. T., 1908, by defendant, from order of C. P. Mo. 3, Phila. Co., June T., 1907, Mo. 5,491, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Henry Freedley, Executor, v. William F. Jacoby. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. ,- The opinion of the Supreme Court states the case. The court made absolute rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The defense set up by this appellant in his affidavit of defense, though most ungracious, is a legal one under the settled policy of the law, and we must so declare. He is sued on his promissory note for $4,500, given to Alexander McCoy — apparently his friend — on May 2, 1907, and payable on demand. McCoy died two days afterwards and, in resisting payment of this note, the appellant avers that it was given in settlement of the amount advanced for him by the decedent in joint gambling or wagering operations which they had carried on for a little more than a month…
2Cases cited3 opinions
- Fareira v. GabellSupreme Court of Pennsylvania · 1879
- Waugh v. BeckSupreme Court of Pennsylvania · 1886
- MacDonald v. GesslerSupreme Court of Pennsylvania · 1904
3Cited by3 opinions
- Ad-Lee Co. v. MeyerSupreme Court of Pennsylvania · 1928
- Conemaugh Brewing Co. v. BennettSuperior Court of Pennsylvania · 1915
- Joffe v. Miller, Pennsylvania Court of Common Pleas, Washington County1927