Knight v. Somerton Hills Cemetery

Citations

• 205 Pa. 552
• 55 A. 535
• 1903 Pa. LEXIS 613

Syllabus

<p>Affidavit of defense — Practice, C. P. — Money loan — Corporations.</p> <p>In an action against a corporation to recover moneys alleged to have been loaned to the company, an affidavit is sufficient to prevent judgment which avers that “ the moneys in the plaintiff’s statement of claim mentioned as having been loaned by the said plaintiff to the said defendant were not the moneys of the plaintiff, but were the proceeds of certificates placed in the hands of said plaintiff by C. and others in trust to sell and apply the proceeds to the purpose of the defendant.”</p> <p>Affidavit of defense — Unnecessary averments</p> <p>Where an affidavit of defense contains facts sufficient for a good defense, sworn to positively as of affiant’s own knowledge, it is unnecessary to add that affiant believes and expects to be able to prove them.</p>