Second National Bank v. Yeager
Supreme Court of Pennsylvania
Appeal, No. 133, Jan. T., 1920, by defendant, from order of C. P. Mifflin Co., May T., 1919, No. 155, making absolute rule for judgment for want of sufficient affidavit of defense, in case of Second National Bank of Reading v. William J. Yeager. Assumpsit on promissory note. Before Bailey, P. J. The opinion of the Supreme Court states the material averments of the affidavit of defense. The court made absolute a rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 133, Jan. T., 1920, by defendant, from order of C. P. Mifflin Co., May T., 1919, No. 155, making absolute rule for judgment for want of sufficient affidavit of defense, in case of Second National Bank of Reading v. William J. Yeager. Assumpsit on promissory note. Before Bailey, P. J. The opinion of the Supreme Court states the material averments of the affidavit of defense. The court made absolute a rule for judgment for want of a sufficient affidavit of defense. Defendant appealed. Error assigned was order of court, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
This is an appeal from a summary judgment for want of a sufficient affidavit of defense. Plaintiff sued on a note signed by appellant and two other defendants. The affidavit does not deny its execution, but defendant, Yeager, avers an oral understanding whereby he was not to be liable unless Ahrens, a joint maker, was unable to repay plaintiff the sum of $15,000, loaned to the Delta Electric Power Company; in default of such payment, appellant was not to be liable until the Power Company had built a new dam then in contemplation and had made and floated a bond…
2Cases cited13 opinions
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- Irvin v. Irvin, Pennsylvania Court of Common Pleas, Clearfield County1891
- Ziegler v. McFarlandSupreme Court of Pennsylvania · 1892
- Keough v. LeslieSupreme Court of Pennsylvania · 1880
- Greenawalt v. KohneSupreme Court of Pennsylvania · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Speier v. MichelsonSupreme Court of Pennsylvania · 1931
- Bank of Hooversville v. SagersonSupreme Court of Pennsylvania · 1925
- Miller v. Central Trust & Savings Co.Supreme Court of Pennsylvania · 1926
- Germantown T. Co. v. Emhardt (No. 1)Supreme Court of Pennsylvania · 1936
- First National Bank v. BaerSupreme Court of Pennsylvania · 1923
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