Wanner v. Emanuel's Church of Evangelical Ass'n

Citations

• 174 Pa. 466
• 34 A. 188
• 1896 Pa. LEXIS 907

Syllabus

<p>Corporation — Defacto officer — Promissory notes.</p> <p>Promissory notes signed by de facto officers of a corporation are binding upon the corporation.</p> <p>In an action against a corporation, upon promissory notes appearing upon their faces to be the individual notes of the persons signing them, where the plaintiff’s statement alleges that the money for which the notes were given was lent to the corporation, and the pei'sons signing were trustees of the defendant, and were duly authorized to execute and deliver the notes in question, the suit can be maintained against the corporation if the allegations be proved; and an averment in an affidavit of defense that the notes in suit appear to be upon their faces the individual notes of the makers thereof, and that the corporation cannot be held upon them, is not a denial of the averments of the statement, and is insufficient to prevent judgment.</p> <p>Affidavit of defense — Practice, C. P. — Examination of boohs.</p> <p>An allegation in an affidavit of defense that the defendant had been refused permission to examine certain books for the purpose of ascertaining the merits of plaintiff’s claim is unavailing to prevent judgment. In such a case the proper course for the defendant is to show his inability to make an affidavit of defense without such inspection, and to ask for a suspension of the rule for judgment until an opportunity properly to inform himself is afforded.</p>