Safety Banking & Trust Co. v. Conwell

Citations

• 28 Pa. Super. 237
• 1905 Pa. Super. LEXIS 173

Syllabus

<p>Affidavit of defense — Practice, C. P. — Affidavit of attorney — Sufficiency of averments.</p> <p>Where an affidavit of defense discloses a defense made in good faith, although not by a party on record or in interest, it is sufficient, as for example where the party is sick or absent and his clerk, or any other person who has knowledge of the transaction, swears to the'facts, which according to the court, furnishes a good defense.</p> <p>An affidavit of defense filed by an attorney is insufficient which does not aver that it is filed by the authority of or on behalf of the defendant, which does not give the source of information, and which fails to aver that the deponent believes the facts averred to be true, or that they are founded upon his personal knowledge, or upon information derived from a proper source to enable the court to pass upon the sufficiency of the proof.</p>