Penn National Bank v. Kopitzsch Soap Co.

Citations

• 161 Pa. 134
• 34 W.N.C. 417
• 28 A. 1077
• 1894 Pa. LEXIS 651

Syllabus

<p>Pleading — Statement—Act of May 25, 1887.</p> <p>In a suit upon an ordinary bank cheek by one not a party to it the statement should contain some averment of. plaintiff’s title or ownership, an averment of presentment to the drawer, and a neglect or refusal on his part to pay, and also a statement of the amount justly due to plaintiff.</p> <p>Since the act of May 25, 1887, P. L. 271, the common counts have no place in pleading, and they require no answer or affidavit of defence.</p> <p>A statement containing merely a copy of the cheek sued on, with a common count for money had and received, is wholly insufficient to put defendant on a statement of his defence.</p>