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28 Del. 21

Thomas v. Frankhouser

Superior Court of Delaware

Decided May 6, 1914

Superior Court of Delaware · decided 1914-05-06

Action of Assumpsit (No. 18, April Term, 1914) by Dora M. Thomas against Charles C. Frankhouser and another to recover amount alleged to be due upon a promissory note. Motion for judgment notwithstanding affidavit of defense; refused.

Decided 1914-05-06

Pennewill, C. J.,

¶1announcing the decision of the court:

¶2The affidavit of defense, it seems to us, alleges a distinct defense. It would be difficult sometimes to state anything more definite than is stated in this affidavit. We think it is sufficient under the decisions of our courts which have held the word “payment” to be sufficient in such an affidavit.

¶3The motion for judgment notwithstanding the affidavit of defense is refused.

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