Brown v. Miles

Citations

• 219 Pa. 410
• 68 A. 969
• 1908 Pa. LEXIS 587

Syllabus

<p>Practice, C. P. — Affidavit of defense — Conversion of securities.</p> <p>In an action against a partnership to recover damages for an alleged conversion of securities, an affidavit of defense is sufficient which expressly and circumstantially denies the conversion and appropriation of the securities by the firm, or that the firm ever had control over them or derived any benefit from them, and sets out facts and circumstances in connection with the transaction which so explain and supplement the averments of plaintiff’s statement, that the only inference to be drawn would be one adverse to plaintiff’s right of recovery.</p>