Baker Loan & Trust Co. v. Diehl

Citations

• 253 Pa. 353
• 98 A. 645
• 1916 Pa. LEXIS 840

Syllabus

<p>Practice, Supreme Court — Appeals—Judgment for want of a sufficient affidavit of defense — Refusal—Act of April 18, 1871¡, P• L. 64.</p> <p>1. The Act of April 18, 1874, P. L. 64, authorizing appeals from an order refusing judgment for plaintiff for want of a sufficient affidavit of defense was intended to reach only cases of clear error in law.</p> <p>2. In an action on a promissory note, an affidavit of defense alleging that the note and a previous note of which it was a renewal were given under a parol agreement that they should be paid from funds arising from a source therein referred to, and that plaintiff had been in receipt of funds applicable to the payment of the note, but had not paid the same, is sufficient to prevent summary judgment.</p>