Rafferty v. Klein

Citations

• 256 Pa. 481
• 100 A. 945
• 1917 Pa. LEXIS 639

Syllabus

<p>Assumpsit — Affidavits of defense — Sufficiency.</p> <p>1. An affidavit of defense is sufficient that sets forth in words or by necessary inference therefrom the indispensable elements of a defense. It need not be drawn with such nicety that no critical skill can suggest an objection. If it sets forth substantially a good defense it should be supported and it need not be framed with the technical accuracy of formal pleadings.</p> <p>Landlord and tenant — Lessor and lessee — Surrender of lease — Acceptance — Bankruptcy of lessee — Principal and surety — Surety for rent — Bes judicata.</p> <p>2. A surrender of the demised premises by the lessee accepted by the lessor, severs the relation of landlord and tenant, and constitutes a complete defense to a claim for rent thereafter accruing.</p> <p>3. The liabilty of a surety is not greater than that'of the principal, and a judgment in favor of the principal debtor upon the merits of the case can be interposed as a defense by the surety.</p> <p>4. A discharge of the principal in bankruptcy does not release the surety.</p> <p>5. In an action on a surety bond conditioned for the performance of the covenants of a lease, where plaintiff sought to recover for unpaid rent, an affidavit of defense is sufficient which alleged that the lessee had been put into bankruptcy and a receiver had been appointed for his estate; that the receiver surrendered the demised premises to plaintiff, which surrender plaintiff accepted; that subsequently plaintiff made a lease thereof for a term of years, including the period for which rent was claimed, and that the lessee under such lease had been in possession thereunder, and further that plaintiff had submitted a claim for rent to the referee who had ascertained the amount due, and that no appeal had been taken therefrom.</p>