Doherty ex rel. Morris v. Ross

Citations

• 189 Pa. 434
• 42 A. 137
• 1899 Pa. LEXIS 662

Syllabus

<p>Affidavit of defense—Praetiee, G. P.—Assignment.</p> <p>In an action upon an order given by a building contractor on an owner to pay money to the plaintiff on account of the building, where the statement avers that the order was retained, although it does not aver that it was accepted, an affidavit of defense is sufficient which denies that defendant ever had possession of the order or agreed to accept or pay the same, and avers that the contractor had sued for and recovered a judgment for the entire amount due upon the contract; that before the verdict defendant had accepted various other orders and assignments made by the contractor; and that execution attachments had been served upon her, and that she had subsequently applied the moneys due by her to the payment of these orders, assignments and attachments, and that she had no funds of the contractor in her hands.</p>