Marks v. Willenski
Superior Court of Pennsylvania
Appeal, No. 161, Oct. T.,/1905, by defendant, from order of O.'P. No. 4, Phila. Co., Jnne/T., 1904, No. 5,335, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Israel J. Marks v. Charles Willenski and Adolph Mark. Assumpsit upon a bond. Rule for judgment for want of a sufficient jaffi davit of defense. / The facts appear by the opinion of the Superior Court.
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Appeal, No. 161, Oct. T.,/1905, by defendant, from order of O.'P. No. 4, Phila. Co., Jnne/T., 1904, No. 5,335, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Israel J. Marks v. Charles Willenski and Adolph Mark. Assumpsit upon a bond. Rule for judgment for want of a sufficient jaffi davit of defense. / The facts appear by the opinion of the Superior Court. Error assigned was the order of the court, making absolute rule for judgment for want of a sufficient affidavit of defense.
1DissentMokrison, J.
I find myself unable to agree with the opinion of the majority of this court in this case.
It is an action on an insolvent bond executed by the defendants conditioned “that if the said Charles Willenski shall appear at the next term of the common pleas of said county, on April 17, 1905, and then and there present his petition for the benefit of the insolvent laws of this commonwealth, and comply with all the requisitions of the said law, and abide all the orders of the said court, in that behalf, or in default thereof, if he fail in obtaining his discharge as an insolvent debtor that he shall…
2Cases cited4 opinions
- Saunders v. QuiggSupreme Court of Pennsylvania · 1886
- Marks v. Drovers' National BankSupreme Court of Pennsylvania · 1886
- Greenwaldt v. KrausSupreme Court of Pennsylvania · 1892
- Mullen v. WallaceSupreme Court of Pennsylvania · 1855