United States ex rel. Fowden v. Emery

Citations

• 225 F. 287
• 1915 U.S. Dist. LEXIS 1253

Syllabus

<p>1. Pleading <@=348—Affidavit of Defense—Necessity.</p> <p>Under the Pennsylvania statutes, authorizing judgment for plaintiff without other proof of the demand than the averments in the statement of claim filed in accordance with the statutes, unless the averments are appropriately denied by an affidavit of defense, the affidavit of defense must set forth such facts which would, if true, constitute a defense, and if no real defense is presented, judgment may be entered notwithstanding.</p> <p>[ltd. Note.—For other eases, see Pleading, Cent. Dig. §§ 1065, 1066; Dec. Dig. <@=348.]</p> <p>2. Pleading <@=156—-Affidavit of Defense—Sufficiency.</p> <p>In an action against the surety on a contractor’s bond, the contract, as set up by plaintiff and averred in the statement of claim, was evidenced by writings bearing the signature of the contractor. The affidavit of defense denied the contract in general terms and demanded proof, but did not deny the validity of tile signatures, and merely averred that plaintiff had not duly performed his contract. Held, that under the Pennsylvania affidavit of defense law, the affidavit was insufficient, being no more than a mere general denial.</p> <p>[Ed. Note.—For other cases, see Pleading, Cent. Dig. § 312; Dea Dig. <@=156.]</p> <p>3. United States <@=67-—Gonteaotob’s Bond—Sufficiency.</p> <p>In an action on a government contractor’s bond, a denial that final settlement was made March 13, 1914, without more, is insufficient to present any defense, for the date of final settlement would be immaterial, unless it were more than a year before the commencement of the action.</p> <p>[Ed. Note.—For other cases, see United States, Cent. Dig. § 50; Dec. Dig. <3=67J</p> <p>4. Pleading <3=288—Statement of Claim—Sufficiency.</p> <p>Under the Pennsylvania statutes, a statement of claim, bearing the signature of two of plaintiff’s counsel, who described themselves as his attorneys, and verified by pla intiff, is sufficient.</p> <p>[Ed. Noto.—For o