Lee v. Longbottom

Citations

• 173 Pa. 408
• 34 A. 436
• 1896 Pa. LEXIS 719

Syllabus

<p>Affidavit of defense — Partnership—Promissory notes.</p> <p>In an action upon a promissory note it appeared that plaintiff and defendant had been partners, and that defendant had given to plaintiff the note in suit for the interest in the partnership which he had bought from plaintiff. Defendant filed an affidavit of defense in which he averred that the note had been given under an agreement that it should be paid out of the profits arising from the business which plaintiff and defendant were carrying on ; that plaintiff had filed a bill for the dissolution of the partnership and tbe appointment of a receiver, against the protest of defendant, and without any cause warranted by the condition of the business; that this action of the plaintiff injured the credit of the firm and defendant, and resulted in a loss to defendant largely in excess of the amount of the note, and rendered it impossible for him to acquire or receive the profits out of which the note was to be paid. Held, that the affidavit was insufficient to prevent judgment.</p>