Second National Bank v. Gardner

Citations

• 171 Pa. 267
• 33 A. 188
• 1895 Pa. LEXIS 1301

Syllabus

<p>Practice, O. P.—Service of process—Sheriff's return.</p> <p>In an action of assumpsit by a bank against its defaulting cashier, the sheriff’s return that a copy of the summons was left at defendant’s dwelling house with his wife, “ an adult member of defendant’s family, and that the defendant could not bo conveniently found,” will not be set aside at the instance of the wife upon a mere averment by her that defendant had left his home,'and had not told her where he was going, and that she believed by reason of the charges made against him “when he left it was to abandon his then place of residence, and that it was not his purpose to return to it.”</p> <p>Practice, G. P.—Statement—Act of May 25, 1887, P. L. 271.</p> <p>In an action of assumpsit by a bank against its defaulting cashier, the statement of claim is sufficient which avers that the defendant “ took for his own use out of the moneys of and belonging to the said bank ” the sum, etc., and that no part of the said sum “has ever been paid by the defendant to the plaintiff, and that the same is owing, unpaid and due from the defendant to the plaintiff.”</p> <p>In such a case copies of tickets or memoranda deposited by defendant in place of the money he took, although of themselves importing no liability on the part of defendant, may properly be annexed to the statement, and taken in connection with the averments of the statement are sufficient to put the defendant to an affidavit of defense.</p>