C. & C. Electric Co. v. St. Clair

Citations

• 182 Pa. 274
• 37 A. 814
• 1897 Pa. LEXIS 806

Syllabus

<p>Promissory note — Joint maker — Partnership—Receiver—Affidavit of defense.</p> <p>In an action against the joint makers of a promissory note signed by the defendants individually, an affidavit of defense is insufficient which avers that the note was given by the defendants jointly as members of a partnership, and that before the note became due a receiver was appointed of the partnership affairs.</p> <p>Practice, G. P. — Action against joint debtors — Service on one defendant, only — Amendment.</p> <p>In an action against joint debtors where only one of the defendants has been served, but it is not averred in the statement that the sheriff’s return as to the other was nihil habet, and the attention of the court below was not called to the omission, the Supreme Court will sustain a judgment against the defendant served, and permit the statement to be amended nunc pro tune so as to show that the other defendant had not been served.</p>