Deacon v. Smaltz

Citations

• 10 Pa. Super. 151
• 1899 Pa. Super. LEXIS 252

Syllabus

<p>Affidavit of defense — When sufficient.</p> <p>Where an affidavit of defense is, in denial, as broad as the material averments of the declaration, it is sufficient to prevent judgment.</p> <p>Promissory note — Notice of protest — Question for jury.</p> <p>Where an affidavit sets up “that no notice of the nonpayment of the note sued upon was in fact given to or received by the indorser defendant ” such denial raises such an issue of fact as defendant is entitled to have submitted to the jury.</p>