Spruance v. Anderson

Citations

• 27 Del. 414
• 4 Boyce 414
• 89 A. 1
• 1913 Del. LEXIS 56

Syllabus

<p>Pleading—Affidavit of Defense—Judgment Notwithstanding.</p> <p>Snap judgments, except in clear cases, being looked on with disfavor, judgment, under the statute, at the first term, on an affidavit of demand, notwithstanding the affidavit of defense, will be denied; the affidavit of defense, though somewhat indefinite, showing probable existence of equities which, as between the parties, would constitute a legal defense to the notes sued on, it being that the money received from their discount was paid to a certain trust company to pay the notes of a corporation, of which defendant, the signer, was treasurer, and the indorsers were directors, and defendant derived no personal benefit from the money.</p>