Gandy v. Weckerly
Supreme Court of Pennsylvania
Appeal, No. 116, Oct. T., 1906, by defendant, from order of C. P. No. 5, Phila. Co., Dec. T., 1905, No. 1,261, making absolute rule for judgment for want of a sufficient affidavit of defense in case of George S. Gandy v. Frank Weckerly. Assumpsit on a promissory note. The averments of the affidavit of defense are set forth in the opinion of the Superior Court. The court made absolute rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 116, Oct. T., 1906, by defendant, from order of C. P. No. 5, Phila. Co., Dec. T., 1905, No. 1,261, making absolute rule for judgment for want of a sufficient affidavit of defense in case of George S. Gandy v. Frank Weckerly. Assumpsit on a promissory note. The averments of the affidavit of defense are set forth in the opinion of the Superior Court. 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
Orlady, J.,
As disclosed by this record, the plaintiff was the president of the Emigrant Gulch Consolidated Placer Mines Company, and the owner of the majority of the shares of its capital stock. The defendant-was its treasurer, and on November 21, 1904, the company being threatened with financial disaster for want of funds, the defendant was requested by the plaintiff to give financial aid in this emergency, and, as stated by him in his affidavit of defense, the plaintiff, “ proposed to me that if I would loan to said company the sum of $1,250, taking its note therefor at one year,…
2Cases cited11 opinions
- Martin & Monroe v. BerensSupreme Court of Pennsylvania · 1871
- Phillips v. MeilySupreme Court of Pennsylvania · 1884
- Juniata Building & Loan Ass'n v. HetzelSupreme Court of Pennsylvania · 1883
- Fuller v. LawSupreme Court of Pennsylvania · 1903
- Keller v. CohenSupreme Court of Pennsylvania · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- McSorley v. AllenSuperior Court of Pennsylvania · 1908