Wilkes-Barre Hotel Co. v. Rust

Per Curiam,

Plaintiff brought suit upon a contract of subscription for $1,000 of the Second Mortgage Bonds of the Wilkes-Barre Hotel Company. Defendant filed an affidavit of defense and a supplementary affidavit and the court, after a motion for judgment for want of a sufficient affidavit of defense, refused to enter judgment in favor of the plaintiff; hence the appeal. ■

The gist of the defense is that $560,000 was to be subscribed, and the amount subscribed was padded by subscriptions that were not bona fide, specifying them. That the campaign was never closed and the defendant withdrew his…