Superior Court of Delaware, 1901

Saint Joseph's Polish Catholic Beneficial Society v. Saint Hedwig's Church

Saint Joseph's Polish Catholic Beneficial Society v. Saint Hedwig's Church
Superior Court of Delaware · Decided May 29, 1901 · Spruance
19 Del. 229; 50 A. 535; 3 Penne. 229; 1901 Del. LEXIS 18

Counsel

Samuel S. Adams, Jr., for plaintiff., Edwin R. Cochran, Jr., for defendant., Cochran,

Saint Joseph's Polish Catholic Beneficial Society v. Saint Hedwig's Church

Opinion of the Court

Spruance, J.:

On the last two grounds we hold that the affidavit is insufficient.

Judge Grubb’s view is that it is enough that the affiant has not sworn that he is the treasurer of the corporation. 1 would put it as well on the ground of the defect in the note itself. The note does not show upon its face any obligation of the corporation defendant to the plaintiff.

We refuse judgment, notwithstanding the affidavit of demand.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.