Cornwell v. Sparks

Citations

• 248 Pa. 109
• 93 A. 868
• 1915 Pa. LEXIS 521

Syllabus

<p>Corporations — StocJc certificates — Forgery of owner’s name— Equity pleading — Answer—Besponsiveness.</p> <p>1. In a suit in equity for an accounting for stock certificates pledged with defendants by plaintiff’s deceased husband and sold by defendants, where it was proved by two credible witnesses other than plaintiff that plaintiff’s name written upon the powers of attorney was not in plaintiff’s handwriting but was forged, a finding that the title to the stock did not pass to the pledgees was proper.</p> <p>2. An answer in equity which does not deny the averments of the bill and which indicated that deponent has no personal knowledge of the facts which he therein alleges is not, responsive.</p> <p>3. An answer to a bill alleging tbe forgery of stock certificates and averring that plaintiff had authorized someone to sign her name to such certificates, but showing that the deponent had no personal knowledge of such authorization, does not cast upon the plaintiff the burden of overcoming these averments.</p>