Penrose v. Caldwell
Superior Court of Pennsylvania
Appeal, No. 128, Oct. T., 1905, by plaintiff, from order of C. P. No. 5, Phila. Co., June T., 1904, No. 2684,-discharging rule for judgment for want of sufficient affidavit of defense in casa of Penrose v. Cadwell. Assumpsit on a promissory note. Two affidavits of defense were filed.
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Appeal, No. 128, Oct. T., 1905, by plaintiff, from order of C. P. No. 5, Phila. Co., June T., 1904, No. 2684,-discharging rule for judgment for want of sufficient affidavit of defense in casa of Penrose v. Cadwell. Assumpsit on a promissory note. Two affidavits of defense were filed. The supplemental affidavit of defense was as follows: ■ That the said note upon which suit has been entered in the above case has been paid, and the money for the same was paid and received by the said plaintiff in Philadelphia, on, to wit: the latter part of January, 1902, only a few days before note was given…
1Opinion of the Court
Pee Cxjeiam,
An affidavit of defense must not be self-contradictory. It is argued that an original and a supplemental affidavit of defense are to be construed as one affidavit, and, therefore, when, without explanation, the supplemental affidavit contradicts the averments of the original in matters essential to a valid defense, the court is warranted in holding that they are insufficient to prevent a judgment. This maj'- be conceded as a general proposition, but we think it does not apply to the case. The supplemental affidavit is fuller and more specific than- the original, but the facts…
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