Penrose v. Caldwell

Citations

• 29 Pa. Super. 550
• 1905 Pa. Super. LEXIS 376

Syllabus

<p>Affidavit of defense — Supplemental affidavit — Practice, C. P.</p> <p>A supplemental affidavit of defense cannot be said to be contradictory of the original affidavit of defense, where the supplemental affidavit is fuller and more specific than the original, and it appears that the facts averred in it are not irreconcilable with the facts expressly averred in the original, or with the necessary inferences to be drawn therefrom. •</p> <p>Promissory notes — Payment of debt — Affidavit of defense.</p> <p>In an action upon a promissory note, an affidavit of defense is sufficient which avers that prior to the giving of the note, a third person had paid to the plaintiff, at a time and place stated, for and on behalf of the defendant, the full amount of the claim for which the note was given “for the purpose of liquidating the said claim in full, if any, that the said plaintiff had,” and that this fact was not learned by the defendant until after he had given the note. ■</p>