Stage v. Smith
Superior Court of Pennsylvania
Appeal, No. 37, Oct. T., 1909, by defendant, from order of C. P. Clearfield Co., Sept. T., 1908, No. 416, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Isaac Stage v. H. Van Smith. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 37, Oct. T., 1909, by defendant, from order of C. P. Clearfield Co., Sept. T., 1908, No. 416, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Isaac Stage v. H. Van Smith. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. Smith, P. J., filed the following opinion: Plaintiff’s statement claims to recover from the defendant the sum of $1,000, with interest from June 1, 1903. The suit is based upon a common promissory note, dated March 2, 1903, payable ninety days after date, to the order of…
1Opinion of the Court
Opinion by
Beaver, J.,
The plaintiff sought to recover from the defendant in this case the amount of a promissory note, dated March 2, 1903, payable ninety days after the date thereof. The defendant, in his affidavit of defense, admits the making of the note in suit, but avers that the year previous to its date, to wit, in July, 1902, he “sold to the plaintiff a one-half interest in the coal and other minerals covered by the contracts with Barmoy, Miller and Weaver & Burge, and the plaintiff agreed to pay to the defendant therefor at the price or sum of thirty dollars per acre for the whole,…
2Cases cited1 opinion
- Smith v. StevensonSupreme Court of Pennsylvania · 1899
3Cited by1 opinion
- Biernbaum v. FosterSuperior Court of Pennsylvania · 1912