Frischman v. Robinson

This suit on 5 promissory notes was dismissed by the trial judge on defendant’s motion for judgment on the pleadings. When the case was called for trial plaintiff had not replied to certain allegations contained in defendant’s answer. The trial judge held that this material constituted affirmative matter which had to be taken as admitted and that it was of such a nature as to defeat plaintiff’s cause of action.

Plaintiff’s declaration was in assumpsit alleging the execution of 5 promissory notes by defendant totalling $2,500, plus demand and defendant’s refusal to pay. The notes assigned to…