Mutual Trust Co. v. Stern
Supreme Court of Pennsylvania
Appeal, No. 272, Jan. T., 1911, by defendant from order of C. P. No. 1, Phila. Co., June T, 1911, No. 5587, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Mutual Trust Company v. Bernard Stern. Assumpsit on a promissory note. Before Beegy, P. J. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 272, Jan. T., 1911, by defendant from order of C. P. No. 1, Phila. Co., June T, 1911, No. 5587, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Mutual Trust Company v. Bernard Stern. Assumpsit on a promissory note. Before Beegy, P. J. Rule for judgment for want of a sufficient affidavit of defense. In addition to the averments of the affidavit of defense set forth in the opinion of the Supreme Court, there were, inter alia, the following averments: “Defendant is advised and believes that in no case can he be held liable for the protest…
1Opinion of the Court
Opinion by
Mr. Justice Mestbezat,
This is an action of assumpsit brought on a promissory note made by the defendant, payable to himself, and by him endorsed and delivered to the plaintiff company. The defendant filed an affidavit in which he sets up two defenses: (a) the plaintiff company violated a contemporaneous parol agreement for the further discounting of his paper, and (b) it was acting beyond its corporate powers in discounting the note in suit.
The learned court below held the affidavit insufficient and entered judgment against the defendant for *204want of a sufficient affidavit of…
2Cases cited1 opinion
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