Bednarsh v. Winshall

Defendant appeals from denial of his motion to set aside a default judgment against him in the amount of $11,385.

The judgment was based on a claim for money due in assumpsit. The motion was supported by an affidavit of merits alleging payment, with canceled •checks attached as supporting evidence. We think a good showing of a meritorious defense was made,, if the affidavit be true. Counteraffidavits were filed to the effect that the payments to plaintiff were not from defendant and were on another account. A serious question of fact was thus presented as to-whether defendant did or did not…