Newbold v. Pennock

Citations

• 154 Pa. 591
• 26 A. 606
• 1893 Pa. LEXIS 940

Syllabus

<p>Statutes — Repeal—Acts of April 5, 1862, and May 25, 1887.</p> <p>Section second of the act of April 5, 1862, P. L. 270, relating to judgments by default in Chester county, comes under the operation of the repeal in section nine of the act of May 25, 1887, P. L. 272.</p> <p>Pleading — Statement under act of May 25, 1887.</p> <p>Under the act of May 25, 1887, P. L. 272, plaintiff must file not only a copy of the writing, if there be one, on which his case is founded, but also a concise statement of his demand, which must include every ingredient of a good cause of action, averred with the same completeness, accuracy and precision that were required in a declaration at common law.</p> <p>Service of copy of statement — Judgment.</p> <p>Under the act of May 25, 1887, P. L. 272, where there is more than fifteen days between the seiwice of the copy of the statement and entry of judgment, and a return day has intervened, the judgment is valid. Weigley v. Teal, 125 Pa. 498, reaffirmed.</p> <p>Promissory notes — Pleading—Statement.</p> <p>An averment in a statement- that the note in suit “ was delivered to the said F. R. Bryan, who then and there for a valuable consideration indorsed the same to plaintiff,” does not distinctly set up an indorsement and delivery before maturity, -and the statement is demurrable.</p> <p>U in such a case the defendant does not demur, he must set forth in his affidavit of defence facts sufficient to make out- a case of fraudulent circulation of the note, so as to put plaintiff on proof of bona fide holding.</p> <p>Affidavit of defence — Form of averment on information, etc.</p> <p>If the defendant cannot state the facts in his affidavit of defence of his own knowledge, he should aver that “he is informed, believes and expects to be able to prove them.” An averment that he “ has abundant reason to believe” is not an equivalent.</p>