Legal Opinion

Dwight v. Singer

Superior Court of Pennsylvania

Decided February 25, 1907No. Appeal, No. 115Published

Appeal, No. 115, Oct. T., 1906, by defendant, from judgment of O. P. No. 1, Phila. Co., Sept. T., 1903, No. 498, on verdict for plaintiff in case of Stanley Dwight v. William F. Singer. Assumpsit on a.promissory note. Before Beitler, J. The opinion of the Superior Court states the case. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $595.53. Defendant appealed.

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Appeal, No. 115, Oct. T., 1906, by defendant, from judgment of O. P. No. 1, Phila. Co., Sept. T., 1903, No. 498, on verdict for plaintiff in case of Stanley Dwight v. William F. Singer. Assumpsit on a.promissory note. Before Beitler, J. The opinion of the Superior Court states the case. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $595.53. Defendant appealed. Error assigned among others was in giving binding instructions for plaintiff.

1Opinion of the Court

Opinion by

Beaveb, J.,

The sufficiency of the affidavit of defense in this case when it was before us: Dwight v. Singer, 27 Pa. Superior Ct. 119, was upheld on the ground that the affidavit distinctly alleged that the sale of the stock held as collateral for the note upon which the suit is founded was' not bona fide, and was made for the purpose of defrauding the defendant of the real value of the stock so held.

On the trial of the case, the defendant failed utterly to make good his allegations in this behalf. The plaintiff, a year after the maturity of the note, for which he held the stock in…

2Cases cited1 opinion

  1. Dwight v. SingerSuperior Court of Pennsylvania · 1905

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