Tilli v. Vandegrift
Superior Court of Pennsylvania
Appeal, No. 205, Oct. T., 1901, by defendants, from judgment of C. P. No. 2, Phila. Co., March Term, 1901, No. 2834, on verdict for plaintiff in case of James Tilli v. James N. Vandegrift and Joseph A. Vandegrift, Co-partners, late trading with Jacobs as Vandegrift & Jacobs. Assumpsit on a promissory note.
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Appeal, No. 205, Oct. T., 1901, by defendants, from judgment of C. P. No. 2, Phila. Co., March Term, 1901, No. 2834, on verdict for plaintiff in case of James Tilli v. James N. Vandegrift and Joseph A. Vandegrift, Co-partners, late trading with Jacobs as Vandegrift & Jacobs. Assumpsit on a promissory note. The affidavit of defense was as follows: Joseph A. Vandegrift, one of the above named defendants, being duly sworn according to law, deposes and says that he has a just, true, full and complete defense to the plaintiff’s claim in this case of the following nature and character, to wit :…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The affidavit of defense filed by Jos. A. Vandergrift does not deny that the note npon which this action was brought was duly executed by a firm of which he was a member. The affidavit sets up two grounds of defense:. first, the nonjoinder of Thos. H. B. Jacobs who was a member of the firm and the misjoinder of Jas. N. Vandergrift who was not a partner and was not served; and second, an alleged defense upon the merits which is thus stated: “ That the note on which this suit is brought was not given by this deponent, and he knows nothing of it. He received no…
2Cases cited2 opinions
- Newbold v. PennockSupreme Court of Pennsylvania · 1893
- Black v. HalsteadSupreme Court of Pennsylvania · 1861
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