Swartz v. Historical Publishing Co.
Superior Court of Pennsylvania
Appeal, No. 72, Oct. T., 1913, by defendant, from order of C. P. No. 5, Phila. Co., Pec. T., 1912, No. 2,399, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Benjamin Swartz v. Historical Publishing Company. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 72, Oct. T., 1913, by defendant, from order of C. P. No. 5, Phila. Co., Pec. T., 1912, No. 2,399, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Benjamin Swartz v. Historical Publishing Company. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Per Curiam,
This was an action of assumpsit by the indorsee of a promissory note for $481, dated August 23, 1912, and payable four months after date, against the indorser, who was the payee named in the note. The statement of claim avers that it was duly indorsed by the payee and passed for a good and valuable consideration to the plaintiff before maturity. The affidavit of defense avers, inter alia, that in December, 1911, Lyon & Slater Company gave to the same payee a note for $962, payable' four months after date; that it was taken by one Rodelheim to one Obechaffsky, who discounted it and…
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- Superior National Bank v. StadelmanSupreme Court of Pennsylvania · 1893
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