Smith v. Stricker

Opinion by

Parker, J.,

The plaintiffs, liquidating trustees of certain assets of the Union Trust Company of Pennsylvania, on July 23, 1935, brought an action in assumpsit against Mary Dreese Strieker, to recover the balance due on her collateral promissory note dated March 13, 1935, due thirty days after date. Defendant filed an affidavit of defense admitting the amount due on the note and setting forth a set off and counter claim. To the set off and counter claim plaintiff filed an answer in the nature of a demurrer raising questions of law and on motion the court below entered judgment in…