Sparks v. Industrial Brick Co.
Superior Court of Pennsylvania
Appeal, No. 22, Oct. T., 1899, by-defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1898, No. 861, in favor of plaintiff for want of a sufficient affidavit of defense. .. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc.
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Appeal, No. 22, Oct. T., 1899, by-defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1898, No. 861, in favor of plaintiff for want of a sufficient affidavit of defense. .. Rule for judgment for want of a sufficient affidavit of defense. Before the court in banc. It appears from the record that the action was assumpsit brought to recover the sum of $600, with interest, $480 of which was claimed as assessments on four policies of insurance, three times the amount of premium paid on each, which was $40.00 and $120, twenty-five per cent on said assessments claimed under the by-laws of…
1Opinion of the Court
Opinion by
Beaver, J.,
The affidavit of defense in this case is in the nature of a demurrer as well as a sworn statement of facts relied upon as a *407defense. The demurrer cannot be sustained. The plaintiff’s statement, when fairly construed, presents a good cause of action. So far, therefore, as the action of the court below in entering judgment for want of a sufficient affidavit of defense was based upon a refusal to consider the six reasons urged by the defendant against the sufficiency of the statement, there is no error. The judgment of $600 entered in favor of the plaintiff was composed of…
2Cited by1 opinion
- Sparks v. Flaccus Glass Co.Superior Court of Pennsylvania · 1901