Legal Opinion

Ryan v. Security Savings & Commercial Bank

Court of Appeals for the D.C. Circuit

Decided March 7, 1921No. 3449PublishedCited by 9 opinions

Appeal from the Supreme Court of the District of Columbia. Action by the Security Savings & Commercial Bank against James T. Ryan. Judgment for plaintiff, and defendant appeals.

1Opinion of the Court

SMYTH, Chief Justice.

The appellee, which we shall call the bank, brought suit against Ryan on a promissory note, and filed an affidavit of merit under the seventy-third rule of the trial court. Ryan pleaded in bar, and in due time filed an affidavit of defense, then a substituted one, and finally the one which is now before us. The bank moved for judgment; the court granted the motion on the ground that Ryan’s affidavit did not state a defense, and gave judgment for the bank, from which Ryan appeals.

Was Ryan’s affidavit sufficient? Since it represents his third attempt, it must be assumed…

2Cases cited9 opinions

  1. Good v. MartinSupreme Court of the United States · 1877
  2. Brown v. SpoffordSupreme Court of the United States · 1877
  3. Martin v. ColeSupreme Court of the United States · 1881
  4. Specht v. HowardSupreme Court of the United States · 1873
  5. Bendey v. TownsendSupreme Court of the United States · 1884

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3Cited by9 opinions

  1. New Amsterdam Casualty Co. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Fourth Circuit · 1927
  2. German-American Finance Corp. v. Merchants & Manufacturers State BankSupreme Court of Minnesota · 1929
  3. Jackson v. FullerCourt of Appeals for the D.C. Circuit · 1936
  4. Queensboro Nat. Bank of City of New York v. KellyCourt of Appeals for the Second Circuit · 1931
  5. Bost v. Rexine Co.Court of Appeals for the D.C. Circuit · 1925

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