Hess v. Gerstlauer

Citations

• 214 Pa. 10
• 63 A. 366
• 1906 Pa. LEXIS 584

Syllabus

<p>Affidavit of defense — Practice, C. P. — Promissory note — Partnership.</p> <p>In an action upon a promissory note the affidavit of defense set forth that the note in suit was a renewal of a former note, and that it was executed and delivered by the defendant in blank, with the understanding that the firm name of a partnership should be filled in as payee; but instead of inserting the firm name, that of one of the individual partners was inserted. It was averred that the defendant had a defense to the claim of the firm, but the grounds of such alleged defense were not in any way specified or set out. It was also averred that as between the plaintiff and defendant there was no consideration. Held, that the affidavit of defense was insufficient to prevent judgment.</p>