Wolf v. Jacobs
Supreme Court of Pennsylvania
Appeal, No. 116, Jan. T., 1898, by plaintiff, from judgment of C. P. Lancaster Co., Nov. T., 1897, No. 29, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit against an indorsee on a promissory note. Before Livingston, P. J. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 116, Jan. T., 1898, by plaintiff, from judgment of C. P. Lancaster Co., Nov. T., 1897, No. 29, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit against an indorsee on a promissory note. Before Livingston, P. J. Rule for judgment for want of a sufficient affidavit of defense. Plaintiff’s statement averred that notices of protest had been mailed at the post office in York, Pennsylvania, to the defendants and other indorsers of the note in suit. The material averment in the supplemental affidavit of defense is quoted in the opinion of the Supreme…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This suit was brought against the defendant as indorser of the note, a copy of which is set out in the plaintiff’s statement; and the only question presented by the record is whether the learned president of the common pleas erred in holding that the averments contained in the affidavit and supplemental affidavit of defense were sufficient to prevent a summary judgment. We are all clearly of opinion that he did not.
In the supplemental affidavit it is averred “that the notice of protest of the note in suit, alleged in plaintiff’s statement to have been…
2Cases cited1 opinion
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