Henry v. Bigley
Superior Court of Pennsylvania
Appeal, No. 103, April T., 1897, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1896, No. 127, on judgment for plaintiff for want of a sufficient affidavit of defense. Assumpsit on a promissory note. The facts sufficiently appear in the opinion of the court. Judgment for plaintiff for want of a sufficient affidavit of defense for $108.60. Defendant appealed. Error assigned was entry of judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Smith, J.,
This action was brought to recover from the defendant, a married woman, the amount of a promissory note made payable to her order and indorsed in her name, and delivered to the plaintiffs, in payment of her husband’s individual debt. The indorsement of the note in her name and the delivery to the plaintiffs were made by the husband and afterward ratified by the defendant. In her affidavit of defense, the defendant says, that the note was received for her in the course of her separate business; that she was not indebted to the plaintiffs in any sum whatever; that she…
2Cases cited3 opinions
- Stephens v. Monongahela National BankSupreme Court of Pennsylvania · 1879
- Huling v. HuggSupreme Court of Pennsylvania · 1841
- Wiltbank v. ToblerSupreme Court of Pennsylvania · 1897
3Cited by2 opinions
- Bank v. ShortSuperior Court of Pennsylvania · 1900
- Lazaran v. SemansSuperior Court of Pennsylvania · 1922