Hutton v. McLaughlin
Superior Court of Pennsylvania
Appeal, No. 91, April T., 1896, by plaintiff, from order of C. P. -Westmoreland Co., Aug. T., 1895, No. 588, refusing rule for judgment for want of a sufficient affidavit of defense. Assumpsit to recover $700 money loaned. A rule was taken for judgment for want of sufficient affidavit of defense on the following statement of claim and affidavit of defense filed: plaintiff’s statement of claim. Westmoreland County, ss.
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Appeal, No. 91, April T., 1896, by plaintiff, from order of C. P. -Westmoreland Co., Aug. T., 1895, No. 588, refusing rule for judgment for want of a sufficient affidavit of defense. Assumpsit to recover $700 money loaned. A rule was taken for judgment for want of sufficient affidavit of defense on the following statement of claim and affidavit of defense filed: plaintiff’s statement of claim. Westmoreland County, ss. Addison Hutton, the plaintiff, claims of Margaret McLaughlin, the defendant, the sum of 1700, with interest thereon from October 10, 1889, which is justly due and payable by the…
1Opinion of the Court
Opinion by
Smith, J.,
We think the affidavit filed in this case was sufficient to justify the action of the learned court below in refusing judgment for want of a sufficient affidavit of defense.
Where the defense set up is in the nature of confession and avoidance, the facts relied upon must be set out fully and specifically, so that their relevancy and sufficiency may be deter*646mined by the court, on a motion for judgment based on their alleged insufficiency: Cosgrave v. Hammill, 173 Pa. 207; Class v. Kingsley, 142 Pa. 636. But where, as here, the original obligation upon which the plaintiff…
2Cases cited8 opinions
- Fritz v. HathawaySupreme Court of Pennsylvania · 1890
- Class v. Kingsley, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Allegheny City v. McCaffreySupreme Court of Pennsylvania · 1890
- Lane v. Penn Glass Sand Co.Supreme Court of Pennsylvania · 1896
- Barker v. FairchildSupreme Court of Pennsylvania · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Penrose v. CaldwellSuperior Court of Pennsylvania · 1905
- Close v. HancockSuperior Court of Pennsylvania · 1897
- Brainerd v. DavisSuperior Court of Pennsylvania · 1902
- Williams v. MyersSuperior Court of Pennsylvania · 1897
- Leo v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1899
2 more not listed; retrieve them via the Exa API.