Ketcham v. Central Trust & Savings Co.

Citations

• 62 Pa. Super. 575
• 1916 Pa. Super. LEXIS 479

Syllabus

<p>Trusts and trustees — Trust to secure payment for material furnished to a building operation — Action against trustee — Affidavit of defense.</p> <p>In an action of assumpsit against a trust company judgment will not be entered for want of a sufficient affidavit of defense where it appears that the defendant through an agent had executed a declaration of trust by which it acknowledged that it held title to a house to secure the plaintiff for materials to be furnished to a building operation of which the house was a part, that the debt remained unpaid, and that the trustee had sold the house to a stranger, but there is nothing either in the statement, or in the affidavit of defense to show what was the value of the house, or that the value of the house exceeded the debt for which it was pledged.</p>