Black v. Isaacman

Citations

• 44 Pa. Super. 476
• 1910 Pa. Super. LEXIS 201

Syllabus

<p>Pleading — Statement of claim — Affidavit of defense — Insufficient statement — Anticipatory replication.</p> <p>1. A statement of claim which simply alleges that the defendant was on a certain day “indebted to the plaintiff for money loaned and for work and labor done and materials furnished by the plaintiff to the defendant,” in a sum stated, is, without more, insufficient; nor is such a statement of claim helped out by an averment that in his deposition filed in another suit between the same parties, the defendant admitted that he was indebted to the plaintiff in such sum. Such admission is evidence, but does not in itself constitute a cause of action.</p> <p>2. Anticipatory matter in a statement of claim is not in itself fatal, but it does not constitute a cause of action where the statement is otherwise insufficient.</p>