Moore v. Susquehanna Mutual Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 129, Jan. T., 1899, by defendant, from order of C. P. Monroe Co., Sept. T., 1897, No. 42, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of James C. Moore v. The Susquehanna Mutual Fire Insurance Company. Assumpsit upon a policy of fire insurance.
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Appeal, No. 129, Jan. T., 1899, by defendant, from order of C. P. Monroe Co., Sept. T., 1897, No. 42, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of James C. Moore v. The Susquehanna Mutual Fire Insurance Company. Assumpsit upon a policy of fire insurance. The defendant filed the following affidavit of defense: 1. The plaintiff’s statement does not set forth that any actual damage was sustained by the said plaintiff, nor does it set forth in dollars and cents the actual damage, if any, sustained by him. 2. The said plaintiff did not furnish to the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
An affidavit of defense should contain a clear, orderly and specific statement of the facts relied on by the defendant to prevent judgment; merely general averments, or those which raise mixed questions of law and fact, are insufficient. Inferences or conclusions of law are for the court, and if it is desired that they should be drawn in favor of the defendant the court should be put in possession of the facts from which they are to be drawn. The rule upon the subject is stated,in Mitchell on Motions and Rules, p. 66, as follows: .“The affidavit must *33be a specific…
2Cases cited1 opinion
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