Quaker City Chocolate & Confectionery Co. v. Delhi-Warnock Building Ass'n

Opinion by

Mr. Justice Horace Stern,

In this action of assumpsit plaintiff’s statement of claim is patently defective in form. The court below deemed it also deficient in substance, sustained an affidavit of defense raising questions of law, and entered judgment in favor of defendants.

The statement avers that in certain prior proceedings there were “finally and conclusively determined and adjudicated” the following facts: That in the period between August 1, 1924 and March 1, 1929 plaintiff loaned sums of money aggregating $25,000 to Warnock Building Association and received in return the…