Superior National Bank v. Stadelman

Citations

• 153 Pa. 634
• 26 A. 201
• 1893 Pa. LEXIS 1161

Syllabus

<p>Affidavit of defence — JWorm, of — Practice, O. P.</p> <p>An affidavit of defence which consists merely of a series of short disjointed sentences, setting forth no particulars or specific facts, but constituting single and unconnected propositions involving conclusions of law as well as of fact,' is bad in form. The affidavit should state the facts specifically, and with sufficient detail to enable the court to say whether or not they amount to a defence.</p> <p>Promissory note — Affidavit of defence — Suit by indorsee.</p> <p>In an action by the indorsee of a promissory note against the maker, an affidavit of defence setting forth that there was no consideration for the note, that plaintiff had notice of that fact, and that plaintiff paid no money to this defendant for the note, is insufficient, as the facts alleged are entirely consistent with plaintiff being a holder for value, through a prior indorser, of an accommodation note.</p> <p>In such a case an averment that the payee was an officer of the bank (plaintiff) and “had notice of the entire transaction,” without stating what the transaction was, is a nullity, as are also the further averments that the bank by its officers accepted the note without any liability on the part of the maker, and that the maker was discharged from liability by the plaintiff. It is uncertain whether these are meant to be averments of facts or inferences of law from particular facts not set forth; and such uncertainty is fatal to the sufficiency of the affidavit.</p> <p>Practice, O. P. — Rule to plead — Rule for judgment — Waiver.</p> <p>Where plaintiff enters a rule to plead, and subsequently takes a rule for judgment for want of a sufficient affidavit of defence, and the latter rule is argued by defendant upon its merits, and is made absolute oy the court, defendant cannot subsequently object to the judgment because the rule to plead was entered before the rule for judgment.</p> <p>In such a case there was no loss or hardship to