Superior National Bank v. Stadelman
Supreme Court of Pennsylvania
Appeal, No. 136, Jan. T., 1893, by-defendant, Jacob L. Stadelman, from order of C. P. Montgomery- Co., Oct. T., 1892, No. 110, making absolute a rule for judgment. Assumpsit by indorsee against maker of promissory note.
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Appeal, No. 136, Jan. T., 1893, by-defendant, Jacob L. Stadelman, from order of C. P. Montgomery- Co., Oct. T., 1892, No. 110, making absolute a rule for judgment. Assumpsit by indorsee against maker of promissory note. From the record it appeared that suit was brought upon the following promissory note: “ $2,500. March 8, 1892. “ Five months after date I promise to pay to the order of A. A. Cadwallader Twenty-five Hundred Dollars at Merion Title and Trust Co., at Ardmore, Pa., without defalcation, for value received. J. L. Stadelman.” The following indorsements were on the note: “A. A.…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The affidavit was bad in form, as it consisted merely of a series of short disjointed sentences setting forth no particulars or specific facts, but constituting single and unconnected propositions involving conclusions of law as well as of fact. This is not enough. The affidavit should state the facts specifically, and with sufficient detail to enable the court to say whether or not they amount to a defence: Kaufman v. Iron Co., 105 Pa. 537; Noble v. Kreuzkamp, 111 Pa. 68; Sanders v. Sharp, 31 W. N. 374 [153 Pa. 555].
But the affidavit is also insufficient in…
2Cases cited6 opinions
- Kaufman & Co. v. Cooper Iron Mining Co.Supreme Court of Pennsylvania · 1884
- O'Neal v. RuppSupreme Court of Pennsylvania · 1853
- Duncan v. Bell, Johnston, Jack & Co.Supreme Court of Pennsylvania · 1857
- Hamer v. Humphreys, Pennsylvania Court of Common Pleas, Philadelphia County1836
- Sanders v. SharpSupreme Court of Pennsylvania · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Federal Sales Co. v. FarrellSupreme Court of Pennsylvania · 1919
- Bordentown Banking Co. v. ResteinSupreme Court of Pennsylvania · 1906
- Rhinehart v. JordanSupreme Court of Pennsylvania · 1933
- Levine v. Pittsburgh State BankSupreme Court of Pennsylvania · 1924
- Glassport Trust Co. v. FeightnerSupreme Court of Pennsylvania · 1930
15 more not listed; retrieve them via the Exa API.