Calehuff v. Driver

Citations

• 46 Pa. Super. 79
• 1911 Pa. Super. LEXIS 231

Syllabus

<p>Affidavit of defense — Time for filing — Practice, C.P.</p> <p>1. An affidavit of defense may be filed as a matter of right at any time before judgment. No leave of the court is necessary. The procedure Act of May 25, 1887, P. L. 271, made no change in the practice in this respect. The penalty provided by the act of 1887 for neglect of the defendant to file an affidavit of defense is the risk of having a judgment entered against him, not the termination of his right to file his affidavit.</p> <p>Affidavit of defense — Husband and wife — Goods sold and delivered.</p> <p>2: In an action for goods sold and delivered against a husband and wife, an affidavit of defense by the wife is sufficient which avers that “she did not purchase from the plaintiff or from any other person the articles set forth in the statement of plaintiff’s claim, and had no business relations whatsoever with him; that she is in no wise indebted for the goods as set forth in the plaintiff’s statement of claim, nor did she ever agree or become responsible for the same.”</p> <p>3. In an action for goods sold and delivered where the affidavit claims as a set-off commissions on sales made by defendant as agent of the plaintiff, the fact that the defendant does not set forth specifically the time when such sales were made is immaterial, where he avers that he was unable to ascertain the exact dates of the sales, as the same were entered in the books of the plaintiff which are still in his possession.</p>