Schultheis v. Sellers
Supreme Court of Pennsylvania
Appeal, No. 137, Jan. T., 1908, by defendant, from order of C. P. No. 1, Phila. Co., Dec. T., 1907, No. 2,813, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Henry Schultheis v. Alexander Sellers. Assumpsit by indorsee against maker of a promissory note. The averments of the affidavit of defense are set forth in the opinion of the Supreme Court.
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Appeal, No. 137, Jan. T., 1908, by defendant, from order of C. P. No. 1, Phila. Co., Dec. T., 1907, No. 2,813, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Henry Schultheis v. Alexander Sellers. Assumpsit by indorsee against maker of a promissory note. The averments of the affidavit of defense are set forth in the opinion of the Supreme Court. The court made absolute rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This was an action of assumpsit by an indorsee against the maker of a promissory note. The learned court below entered judgment for want of a sufficient affidavit of defense, and the defendant has taken this appeal. We think the court was in error and that the case should have been sent to a jury. The question is not whether the defendant is liable on the note in suit, but whether the averments in his affidavit of defense are sufficient to put the plaintiff, an indorsee, to proof whether he acquired the note before maturity, in good faith, and for value. If the…
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