Sharples v. Northampton Transit Co.

Per Curiam,

Plaintiff sued in assumpsit for installments due and unpaid on mortgage bond interest coupons issued by defendant company, which admits in its affidavit of defense that the coupons in question were due and unpaid but alleges that the terms of the bonds and mortgage restrict right of action for unpaid interest coupons to the trustee named in the mortgage under which the bonds were issued, and that this remedy is exclusive. Plaintiff denied this contention and moved for judgment for want of a sufficient affidavit of defense. The rule was dismissed and plaintiff appeals.

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