Kidney v. Beemer

Citations

• 27 Pa. Super. 558
• 1905 Pa. Super. LEXIS 103

Syllabus

<p>Receivers — Corporations—Sale—Promissory note — Affidavit of defense— Trust and trustees.</p> <p>Where the terms of a receiver’s sale are that one half of the purchase money shall be paid in cash, and one half in thirty days, and a purchaser instead of paying the whole amount in cash or in thirty days gives a note for a portion, he cannot in a suit upon the note claim that he should be allowed credit for claims which he had against the receiver’s corporation, and that the plaintiff should file an account before pressing for judgment.</p> <p>In such a case if the purchaser has signed the note as trustee without disclosing for whom, he was trustee, judgment may be taken against him both personally and as trustee.</p> <p>Practice, C. P. — Amendment—Parties—Striking out parties — Affidavit of defense — Judgment.</p> <p>Where several parties have been joined by a mistake as parties defendant, and the real party has filed an affidavit of defense, the record may be amended by striking out the names of the parties joined by mistake, and judgment may then be entered against the real party in interest for want of a sufficient affidavit of defense, without requiring a new statement to be filed with an opportunity to the real defendant to file a new affidavit of defense.</p>