Fronefield v. Fry

Citations

• 51 Pa. Super. 403
• 1912 Pa. Super. LEXIS 234

Syllabus

<p>Affidavit of defense — Action for money loaned — Case for jury-~-Act of April 18, 1874, P. L. 64.</p> <p>1. In an action by an executor for money loaned by tbe testator to the defendant, an affidavit of defense is sufficient which denies that the money was loaned at the special instance and request of the defendant, and avers that the testator proffered it to the defendant knowing him to be in need of money, that the kindness was accepted, that the defendant gave to testator a valuable ring as security, and that the money was thereafter fully repaid and the ring restored to the defendant.</p> <p>2. The Act of April 18, 1874, P. L. 64, authorizing an appeal from an order refusing judgment for want of a sufficient affidavit of defense is applicable to clear cases only. It was not intended to impose on the appellate court the duty of drawing fine distinctions, and to reach conclusions by subtle process of reason. The purpose of filing the affidavit is to prevent summary judgment, and where its terms set forth to reasonable understanding, the matters which if true, would constitute a defense, it is sufficient.</p>