Galashevsky v. Camden Fire Insurance

Citations

• 63 Pa. Super. 511
• 1916 Pa. Super. LEXIS 201

Syllabus

<p>Practice, O. P. — Affidavit of defense — Affidavit by representative of corporation — Buies of court.</p> <p>Where a rule of court provides that where a defendant is a corporation the affidavit of defense “may be made by the principal -officer, or any agent, or .employee having knowledge of the necessary facts,” an affidavit is insufficient which merely avers that deponent “special agent of the above named defendant, having knowledge of the necessary facts hereinafter set forth,” and concludes, “as to such of the facts as are hereinabove stated, and of which the affiant has been informed, he verily believes the same to he true, and expects to be able to prove the same upon the trial of this ease.”</p> <p>Such an affidavit is insufficient because the deponent does not aver that he is an officer of the association, or define the scope of his agency, or give any reason why it was not made by an officer of the company; and because he fails to specify what facts were of his own knowledge, and what are from information, and does not state what knowledge or opportunities for knowledge he had of the matters set up.</p>