Andrews v. Blue Ridge Packing Co.

Citations

• 206 Pa. 370
• 55 A. 1059
• 1903 Pa. LEXIS 723

Syllabus

<p>Practice, C. P. — Affidavit of defense — Eunction of affidavit.</p> <p>An affidavit of defense should set forth fully and fairly facts sufficient, to show prima facie a good defense, and if it fails to do so, either from omission of essential facts, or manifest evasiveness in the mode of statement, it will be insufficient to prevent judgment. But if not deficient in either of these respects, and on its face fairly setting forth a prima facie defense, it is not to be subjected to close technical examination as if it was a special plea demurred to. Its office is to prevent a summary judgment and for that purpose a showing of a defense, with certainty to a common intent is sufficient.</p> <p>Practice, C. P. — Affidavit of defense — Corporation—Officer.</p> <p>Where the business manager of a defendant corporation swears to an affidavit of defense as to matters of liis own knowledge, it is unnecessary for him to set forth his information and belief.</p> <p>Affidavit of defense — Contract—Set-off.</p> <p>In au action on promissory notes, an affidavit of defense is sufficient which avers that plaintiff’s claim was for money due on certain promissory notes given as memoranda for advancements by plaintiff to defendant on a contract under which the plaintiff was to take and sell on commission the entire product of defendant’s fruit packing operations; that plaintiff had refused to take the whole product, whereby part of it was left over the season, to defendant’s loss; that plaintiff had not accounted and given credit for the whole of the goods actually taken, had overcharged commissions on the part sold and accounted for; and that the plaintiff upon these transactions was indebted to the defendant in a greater sum than the amount of the notes sued upon.</p> <p>Practice, C. P. — Affidavit of defense — Supplemental affidavit of defense —Discretion of court — Allowance.</p> <p>A supplemental affidavit of defense will be allowed if the court deems the defense to be probably g