Northern New York Nurseries, Inc. v. Kovach

Opinion by

Linn, J.,

This appeal is from the refusal to strike off a judgment entered for want of an affidavit of defense.

Plaintiff, Northern New York Nurseries, Inc., employed an agent to sell, deliver and collect for its products in his neighborhood. Performance by the agent was guaranteed in writing by appellant and two others; by the Act of July 24, 1913, P. L. 971, it was a contract of suretyship — not of guaranty. Alleging default by the agent, plaintiff sued the three sureties for $408.01. Two of them filed affidavits of defense; appellant did not; whereupon judgment for want of an.…