Wolf v. Jacobs

Citations

• 187 Pa. 260
• 41 A. 27
• 1898 Pa. LEXIS 799

Syllabus

<p>Practice, G. P. — Affidavit of defense.</p> <p>Where a defendant avers facts on his own knowledge in his affidavit of defense, it is not necessary to aver that he is informed, believes and expects to be able to prove them at the trial.</p> <p>Promissory notes — Notice of protest — Affidavit of defense.</p> <p>In an action against the indorsee of a promissory note, an affidavit of defense is sufficient to prevent judgment, which avers on the defendant’s own knowledge that the written notice of a protest averred in plaintiff’s statement to have been sent to him was in fact sent to another person who held it for eleven days before showing it to the defendant.</p>