Western Savings & Deposit Bank v. Sauer

Opinion by

Mr. Justice Drew,

This is an action of assumpsit by the Western Savings and Desposit Bank of Pittsburgh upon a negotiable promissory note endorsed by Frederick C. Sauer, defendant, dated November 13,1933. Plaintiff Bank moved for judgment for want of a sufficient affidavit of defense and supplemental affidavit of defense. After argument, the learned court below granted the motion and ordered the entry of judgment against defendant, and from the judgment so entered defendant appealed.

Considering every material averment made by defendant as being admitted by plaintiff, the facts are:…