Morrison v. Whitfield
Superior Court of Pennsylvania
Appeal, No. 278, Oct. T., 1910, by defendant, from order of C. P. No. 4, Phila. Co., Sept. Term, 1909, No. 1,024, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John C. Morrison v. W. George Whitfield. Assumpsit by indorsee on promissory note.
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Appeal, No. 278, Oct. T., 1910, by defendant, from order of C. P. No. 4, Phila. Co., Sept. Term, 1909, No. 1,024, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John C. Morrison v. W. George Whitfield. Assumpsit by indorsee on promissory note. The defendant averred in his affidavit of defense: That the note sued upon is a renewal of one given by defendant to the payee, Julius Hoffman, trading as Hoffman Brothers, as part consideration for a bowling alley purchased by defendant from Hoffman. That there was no consideration given by Hoffman to…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff sues as the indorsee of a promissory note in the usual form, signed by the defendant, a copy of the note being attached to the statement of claim. The execution of the note is not denied. The statement avers that the payee in said note “for a good and valuable consideration paid to him by John C. Morrison, the said plaintiff, at the county aforesaid and before its maturity, indorsed and delivered the said promissory note to the said plaintiff.”
The affidavit of defense declares that the payee “gave said note to the plaintiff for an antecedent debt and received…
2Cases cited3 opinions
- Newbold v. PennockSupreme Court of Pennsylvania · 1893
- Krumbhaar v. BirchSupreme Court of Pennsylvania · 1877
- Moul v. PfeifferSuperior Court of Pennsylvania · 1903
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- Litcher v. North City Trust Co.Superior Court of Pennsylvania · 1933
- Palmer v. Dela. Co. Bldg. Assn.Superior Court of Pennsylvania · 1930
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