Thompson v. Clark
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: No. 108, to October and November Term 1867. This was an action of assumpsit by D. C. Clark against V. M. Thompson, commenced June 20th 1867. The cause of action was the following draft .and acceptance :— “ $200.00. Titusville, Pa., Dec. 13th 1866. “ At three months’ sight, pay to the order of D. C. Clark, Esq., Two Hundred Dollars, value received, and charge the same to account of D. L. Gray.
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Error to the Court of Common Pleas of Erie county: No. 108, to October and November Term 1867. This was an action of assumpsit by D. C. Clark against V. M. Thompson, commenced June 20th 1867. The cause of action was the following draft .and acceptance :— “ $200.00. Titusville, Pa., Dec. 13th 1866. “ At three months’ sight, pay to the order of D. C. Clark, Esq., Two Hundred Dollars, value received, and charge the same to account of D. L. Gray. “ To V. M. Thompson, Esq., Erie, Penn. “ Dec. 24th 1866. — Accepted, payable at Marine National. “ V. M. Thompson.” Endorsed “ Pay National Marine Bank,…
1Opinion of the Court
The opinion of the court was delivered, October 28th, 1867, by
A&new, J.
It is not necessary that an affidavit of defence should he drawn1 with so much nicety that no critical skill can suggest an objection; but if it sets forth substantially a good defence it should be supported. It is impossible not to see that Thompson does aver in this affidavit, that the draft never was, and was not then, the property of Claris;, the payee, but of a certain Gray to whom it was given for work done, which he has fully paid for, leaving nothing then unpaid to him. The fact, therefore, that the draft was drawn…
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