Comly, Flanigan & Co. v. Simpson

Citations

• 6 Pa. Super. 12
• 1897 Pa. Super. LEXIS 300

Syllabus

<p>Practice, O. P. — Affidavit of defense — Insufficiency—Punning account.</p> <p>An affidavit of defense is insufficient 'which, alleging payments on an alleged running account, suggests an hypothesis that if a statement were made, showing all credits and debits between the parties, affiant could determine what was due by him if anything, and fails to aver that the amount claimed is not correct.</p> <p>Practice, G. P. — Affidavit of defense — Construed against defendant.</p> <p>An affidavit of defense is to be taken most strongly against the defendant ; it is to be presumed that he has made it as favorable to himself as his conscience would allow.</p>