McMillan v. Davis
Supreme Court of Pennsylvania
Appeal, No. 12, Oct. T., 1913, by defendant, -from judgment of C. P. Allegheny Co., July T., 1912, No. 3099, for plaintiff for want of a sufficient affidavit of defense in case of Gilbert N. McMillan v. Harry Davis. Assumpsit on promissory note. Buie for judgment for want of sufficient affidavit of defense.
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Appeal, No. 12, Oct. T., 1913, by defendant, -from judgment of C. P. Allegheny Co., July T., 1912, No. 3099, for plaintiff for want of a sufficient affidavit of defense in case of Gilbert N. McMillan v. Harry Davis. Assumpsit on promissory note. Buie for judgment for want of sufficient affidavit of defense. Before Davis, J. The plaintiff was the payee of a promissory note for $7,500, and brought this action against the defendant as endorser, to recover the amount of the note. The defendant alleged as matter of defense the total failure of consideration in the note between the maker and payee.…
1Opinion of the Court
Per Curiam,
After the appeal in this case was taken the Superior Court affirmed the judgment of the Common Pleas of Allegheny County in an action on a note given in the same transaction from which this appeal arises and on the same state of facts involving the same questions of law. See McMillan v. Davis, 54 Pa. Superior Ct. 154. From the judgment of the Superior Court we refused an appeal. A second consideration of the subject is needless. For the reasons stated in the opinion of the Superior Court by Judge Head, the judgment is affirmed.
2Cases cited1 opinion
- McMillan v. DavisSuperior Court of Pennsylvania · 1913