Lamponi v. Barrie

Citations

• 65 Pa. Super. 576
• 1917 Pa. Super. LEXIS 46

Syllabus

<p>Assignment — Equitable assignment — Notice — Affidavit of defense.</p> <p>In an action of assumpsit, where the plaintiff in his statement avers that he loaned money to a person since deceased, that at the time of the loan such person assigned to him the amount of the loan, from money then due, or which might thereafter become due to her from the defendants, and that notice had been given of such assignment to the defendant, an affidavit of defense is insufficient which admits possession of funds of the decedent sufficient to pay the plaintiff’s claim, and avers that defendants did not receive notice of the assignment until some time after it was made, but contains no averment of notice of any other assignment or the claim of any other person upon the fund.</p>