Noll v. Corporation of Royal Exchange Assurance

Citations

• 76 Pa. Super. 510
• 1921 Pa. Super. LEXIS 177

Syllabus

<p>Practice, G. P. — Judgment—Buie to open — Requirements—Construction otf affidavit of defense — Agents—Breach of duty.</p> <p>On a rule to open a judgment taken for want of an affidavit of defense it was error to open the judgment where the only reason assigned for failure to file the affidavit was that the defendant’s agent did not know that a judgment might be entered before the return day.</p> <p>It would not be equitable to require a plaintiff who did nothing to mislead the defendant to sacrifice his judgment because of a breach of duty to the defendant by his own agent.</p> <p>Nor is it equitable to open a judgment where the defendant has not stated a defense in clear and unmistakable terms. The affidavit of defense should bear critical examination and an evasive, uncertain and inconclusive affidavit, containing only general denials is not sufficient to require an opening of the judgment.</p>