Delaware County Trust Co. v. Long

Citations

• 76 Pa. Super. 77
• 1921 Pa. Super. LEXIS 89

Syllabus

<p>Practice, O. P. — Affidavit of defense — Denial—Information and belief — Demand of proof — Practice Act of 1915, P. L. 188.</p> <p>In an action against the endorser of a check, an affidavit of defense which avers that the defendant has no knowledge as to the fact of presentation and demand for payment, but denies the same, is sufficient to prevent judgment for want of a sufficient affidavit of defense.</p> <p>Where the fact alleged is one in which the defendant was not the actor, and which happened in a distant state, averment of belief that it was not true as stated, with a statement of defendant’s expectation to prove its falsehood at trial, is a specific denial in compliance with the eighth section of the Practice Act of 1915, P. L. 483.</p> <p>Demand for proof following- such a denial of a statement of fact is mere surplusage.</p>