Buehler v. United States Fashion Plate Co.

Citations

• 269 Pa. 428
• 112 A. 632
• 1921 Pa. LEXIS 581

Syllabus

<p>Practice, G. P. — ¡Statement of claim — Affidavit of defense — Information and belief — Admissions—Evidence—Act of May 14, 1915, P. L. 488 — Appeal—Presumption as to evidence.</p> <p>1. If there are averments in the statement of claim with regard to which defendant has no personal knowledge, it is his duty to institute such inquiries as reasonably can be made, and if from information thus obtained, and from personal knowledge of collateral matters which hear on the subject, he is satisfied that the facts averred are untrue, he may allege in his affidavit of defense that, on information and belief, the facts in question are not true, and he $o expects to prove.</p> <p>2. If defendant can get no information on the points involved, but believes from the knowledge he has of collateral cognate matters that the averments are not true, he may allege he has exhausted all sources of knowledge on the subject which were open to him, to determine the truth of the averments, and, from the information received, or his inability to obtain any information on the subject, coupled with his general knowledge of the matter, he believes the allegations to be untrue, and avers his expectation so to prove.</p> <p>3. If defendant contents himself with a' simple disavowal of knowledge, and a formal call for proof, all matters thus dealt with in the affidavit of defense, which are duly averred in the statement, may be treated as conceded, when properly brought before the court; or as proved, when the pleadings are admitted in evidence.</p> <p>4. If the plaintiff offer the affidavit of defense alone or particular parts thereof, without restricting his offer, the averments of fact so tendered, if accepted in evidence, must be given due credit.</p> <p>5. While the pleadings in a case determine the issues, primarily they are not evidence for any purpose, unless made so by act of assembly.</p> <p>6. A fact averred in the statement of claim, and not specifically denied in the affidavit of defen