Michigan Mut. Life Ins. v. Williams
Supreme Court of Pennsylvania
Appeal, No. 239, Jan. T., 1893, by plaintiff, from order of C. P. No. 4, Phila. Co., Sept. T., 1892, No. 122, in favor of defendant, Richard B. Williams, discharging rule for judgment for want of sufficient affidavit of defence. Rule for judgment for want of sufficient affidavit of defence in assumpsit on a promissory note by payee against maker.
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Appeal, No. 239, Jan. T., 1893, by plaintiff, from order of C. P. No. 4, Phila. Co., Sept. T., 1892, No. 122, in favor of defendant, Richard B. Williams, discharging rule for judgment for want of sufficient affidavit of defence. Rule for judgment for want of sufficient affidavit of defence in assumpsit on a promissory note by payee against maker. The affidavit of defence was as follows: “ Deponent made application to plaintiff through its general agent for Philadelphia, one E. Gr. Kemble, for a policy of insurance on his life, in the sum of ten thousand dollars, the full annual premium…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The defendant made and delivered to plaintiff through their general agent, E. G. Kemble, a promissory note, of which this is a copy:
“$371.70.
Philadelphia, Pa., February 27, 1892.
“Four months after date I promise to pay to the order of Michigan Mutual Life Insurance Company Three Hundred and Seventy-one 70-100 Dollars, at 119 South Fourth Street, value received with interest at the rate of par cent per annum.
“ Richard B. Williams.”
The note was not paid at maturity, and plaintiffs brought this suit, claiming judgment for amount of note with interest. To this claim…
2Cases cited1 opinion
- Ziegler v. McFarlandSupreme Court of Pennsylvania · 1892
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