Creery v. Thompson

Citations

• 26 Pa. Super. 511
• 1904 Pa. Super. LEXIS 343

Syllabus

<p>Affidavit of defense — Partnership—Corporation—Money loaned.</p> <p>In an action on two checks for money loaned and represented by the checks, the defendant filed an affidavit of defense in which he averred that in consideration of his going into a partnership with the plaintiff and another, plaintiff agreed to lend him the money represented by the checks, and that the same should be paid back solely out of defendant’s share of the profits of the partnership; that the money loaned was contributed to the partnership, but that defendant never received any profits from the business; that subsequently the business was incorporated, and that plaintiff agreed that the money represented by the loan should'be due and payable only out of money received by defendant from the corporation after certain other payments were made, and that no such money had ever been received. Held, that the affidavit of defense was sufficient to prevent judgment.</p>