Williams v. Berkes

Citations

• 32 Pa. Super. 266
• 1906 Pa. Super. LEXIS 335

Syllabus

<p>Affidavit of defense — Denial of liability — Practice, C. P.</p> <p>In an action of assumpsit the plaintiff averred that on a day stated the defendant was indebted to her hi the sum of $100 for money loaned to him by plaintiff at his request, and which he promised to repay plaintiff, and that defendant on the day stated gave to plaintiff a paper signed by him and in his handwriting as follows: “Received of (plaintiff) one hundred dollars to be paid on time payments.” Defendant filed an affidavit of defense in which he denied that he was indebted to plaintiff on the day stated, or at any other time, in any way whatever, and that the paper in question was merely written and signed by him for the purpose of showing his wife that he knew how to draw up a note, and that the wife who was the daughter of the plaintiff, took possession of the note, and refused to return it to the defendant, who never authorized her to deliver the note to any other person. Held, that the affidavit of defense was sufficient to prevent judgment.</p>