Fidelity Title & Trust Co. v. Garland

Opinion by

Mr. Justice Schaffer,

This is an action of assumpsit to recover the amount due on a promissory note executed by defendants. The court below entered judgment for plaintiff for want of a sufficient affidavit of defense for the amount claimed and defendants have appealed.

The suit has its foundation in an agreement twice considered by us (Bailey’s Est., 276 Pa. 147; Bailey’s Est., 287 Pa. 478) in other aspects than that in which it is now to be viewed. The statement of claim sets forth the agreement signed by defendants in which they admit that the Garland Chain Company, a partnership of…