Peale v. Addicks
Supreme Court of Pennsylvania
Appeal, No. 209, July T., 1895, by defendant, from order of C. P. No. 1, Phila. Co., March T., 1895, No. 1061, making absolute a rule for judgment for want of a sufficient affidavit of defense. Dean, J., dissents. Assumpsit on a promissory note.
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Appeal, No. 209, July T., 1895, by defendant, from order of C. P. No. 1, Phila. Co., March T., 1895, No. 1061, making absolute a rule for judgment for want of a sufficient affidavit of defense. Dean, J., dissents. Assumpsit on a promissory note. Plaintiff’s statement was as follows: Plaintiff claims of defendant the sum of $2,188.54, together with interest thereon from March 27,1895, all of which is justly due from the defendant to the plaintiff as follows : Defendant is an indorser upon a promissory note dated December 24, 1894, payable three months after date, for the sum of $2,136.90,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Stebbett,
In several recent cases we have held that to entitle a plaintiff to judgment for want of a sufficient affidavit of defense his statement under the act of 1887 must set forth, in clear and concise terms, a good cause of action, by which is meant such averments of fact as would, if not controverted, entitle him to a verdict for the amount of his claim. In that respect, there is no substantial difference between a special count in a declaration under the time-honored system of pleading and its legislative substitute enacted in 1887: Bank v. Ellis, 161 Pa. 241…
2Cases cited10 opinions
- Newbold v. PennockSupreme Court of Pennsylvania · 1893
- Chestnut Street National Bank v. EllisSupreme Court of Pennsylvania · 1894
- Philler v. PattersonSupreme Court of Pennsylvania · 1895
- Owens v. MillerCourt of Appeals of Maryland · 1868
- McConeghy v. KirkSupreme Court of Pennsylvania · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Rhodes v. TerheydenSupreme Court of Pennsylvania · 1922
- Pronzato v. GuerrinaSupreme Court of Pennsylvania · 1960
- Lackawanna Trust Co. v. CarlucciSupreme Court of Pennsylvania · 1919
- Commonwealth v. WillsteinSuperior Court of Pennsylvania · 1941
- Hess v. GowerSuperior Court of Pennsylvania · 1939
16 more not listed; retrieve them via the Exa API.