2 Pa. Super. 590
Superior Court of Pennsylvania
Decided November 9, 1896
Superior Court of Pennsylvania · decided 1896-11-09
<p>Appeal, No. 121, Nov. T., 1896, by-defendant, from order of C. P. No. 2, Phil a. Co., June T., 1896, No. 652, making absolute the rule for judgment for want of a sufficient affidavit of defense.</p> <p>Reeder, J., dissents.</p> <p>Assumpsit on a promissory note.</p> <p>Error assigned was making absolute the rule for judgment for want of a sufficient affidavit of defense.</p>
Affirmed · Decided 1896-11-09
¶1Opinion by
¶2The opinion filed in Wolf & Company v. M. P. Rosenbach disposes of this case.
¶3The affidavit filed is substantially the same. The defense is the same oral agreement, without allegation that there was any fraud, accident or mistake in the making of the note, or that it induced its execution. The cases must go together. The assignment of error is not sustained and the judgment is affirmed.