Warren National Bank v. Seneca Oil Works

Citations

• 175 Pa. 580
• 34 A. 859
• 1896 Pa. LEXIS 1291

Syllabus

<p>Practice, O. P. — Affidavit of defense.</p> <p>A mere statement of the defendant’s conclusion from, facts not disclosed is unavailable as part of his affidavit of defense; but, in determining whether any particular averment is of that character or not, due regard must be had to all the averments contained in the affidavit, and to the further consideration that such affidavits are not required to be framed with the technical accuracy of formal pleadings.and should not, therefore, be subjected to the same severe scrutiny.</p> <p>All that is required is that an affidavit of defense shall set forth, with reasonable precision, such matters of facts as will constitute a substantial answer to the plaintiff’s statement of claim. It is not necessary that it. disclose how or by whom the facts relied on as a defense are to be proved.</p> <p>In an action by a bank upon a promissory note and acceptances of drafts made by W., a refining company, it appeared that the defendant was the drawee of the acceptances and the payee and indorser of the note. W. had executed to the bank a mortgage which recited as follows: “ Whereas the bank has agreed to advance from time to time to W. upon and in payment of its notes, acceptances and its other indebtedness of like nature, sums of money not to exceed in the aggregate $15,000 to be paid to W. with interest at such times and in such amounts as may be hereafter agreed upon.” It appeared by an agreement in writing that the bank had agreed that the defendant should have the same rights under the mortgage as W. The defendant in its affidavit of defense averred that “ the amount of said mortgage and judgment thereon is sufficient to fully cover the entire amount of all notes, acceptances and indebtedness held by said bank against W., including the obligations on which this suit is brought,” etc., and then concluded with the averment, “ that the said plaintiff has in the manner aforesaid received payment in full of the notes, drafts and bills o