Butler v. Keller
Superior Court of Pennsylvania
Appeal, No. 90, Oct. T., 1901, by defendant, from order of C. P. No. 1, Phila. Co., June T., 1900, No. 39, making absolute rule for judgment, for want of a sufficient affidavit of defense, in case of George D. Butler, Executor of George Downing, Deceased, v. Lottie B. Keller. Assumpsit on a promissory note. The facts appear by the opinion of the Superior Court.
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Appeal, No. 90, Oct. T., 1901, by defendant, from order of C. P. No. 1, Phila. Co., June T., 1900, No. 39, making absolute rule for judgment, for want of a sufficient affidavit of defense, in case of George D. Butler, Executor of George Downing, Deceased, v. Lottie B. Keller. Assumpsit on a promissory note. The facts appear by the opinion of the Superior Court. Error assigned was the order of the court making absolute a rule for judgment, for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Orlady, J.,
The court below entered a judgment, for want of a sufficient affidavit of defense, in a suit on a promissory note for $600, payable on demand after date to the order of George Downing without defalcation, value received. This suit was instituted by the executor of George Downing, the payee; and the defense interp osed is, that the note was signed pursuant to an express parol contemporaneous agreement between the parties which induced the making of the note, providing that in the case of the death of George Downing before that of the maker, the note should be canceled and…
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- Thomas & Sons v. Loose, Seaman & Co.Supreme Court of Pennsylvania · 1886
- Irvin v. Irvin, Pennsylvania Court of Common Pleas, Clearfield County1891
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- Union Storage Co. ex rel. Liverpool & London & Globe Insurance v. SpeckSupreme Court of Pennsylvania · 1899
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