Newell Booth Co. v. Sheldrake

Citations

• 23 Pa. Super. 528
• 1903 Pa. Super. LEXIS 108

Syllabus

<p>Practice, 0. P. — Affidavit of defense — Promissory notes — Payment.</p> <p>In an action on promissory notes an affidavit of defense is sufficient which avers that defendant had made various payments to plaintiff before the giving of the notes, and the defendant had not credited plaintiff in the running account for such payments, and that plaintiff had also charged defendant with various items of discount on former notes, which notes had not been discounted, and that the aggregate of such payments and charges exceeded the amount of the notes in suit. In such a case it is not necessary for the affidavit to aver in express terms, fraud, accident or mistake.</p>