Superior Court of Delaware, 1914

Thomas v. Frankhouser

Thomas v. Frankhouser
Superior Court of Delaware · Decided May 6, 1914 · Pennewill
28 Del. 21; 5 Boyce 21; 90 A. 465; 1914 Del. LEXIS 3

Counsel

Arley B. Magee for plaintiff., W. Watson Harrington for defendants.

Thomas v. Frankhouser

Opinion of the Court

Pennewill, C. J.,

announcing the decision of the court:

The 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.

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

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