Black v. Isaacman
Black v. Isaacman
Opinion of the Court
To entitle a plaintiff to judgment for want of an affidavit of defense, or for want of a sufficient affidavit of defense, the statement of his demand, under the Act of May 25, 1887, P. L. 271, must set forth in clear and concise terms a good cause of action, by which is meant such averments of fact as, if not controverted, would entitle him to a verdict for the amount of his claim: Chestnut Street Nat. Bank v. Ellis, 161 Pa. 241; Bill Posting Sign Co. v. Jermon, 27 Pa. Superior Ct. 171; Tourison v. Engard, 30 Pa. Superior Ct. 179; Rosenblum v. Stolzenberg, 36 Pa. Superior Ct. 644. Therefore, upon the hearing of the rule for judgment in the present case, the sufficiency of the statement of claim was open to inquiry; particularly, as its insufficiency was distinctly asserted in the affidavit of defense. This is abundantly shown by the cases above cited and many others to the same effect. A statement of claim which simply alleges that the defendant was on a
The appeal is dismissed at the costs of the appellant.
Reference
- Cited By
- 2 cases
- Status
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- Syllabus
- Pleading — Statement of claim — Affidavit of defense — Insufficient statement — Anticipatory replication. 1. A statement of claim which simply alleges that the defendant was on a certain day “indebted to the plaintiff for money loaned and for work and labor done and materials furnished by the plaintiff to the defendant,” in a sum stated, is, without more, insufficient; nor is such a statement of claim helped out by an averment that in his deposition filed in another suit between the same parties, the defendant admitted that he was indebted to the plaintiff in such sum. Such admission is evidence, but does not in itself constitute a cause of action. 2. Anticipatory matter in a statement of claim is not in itself fatal, but it does not constitute a cause of action where the statement is otherwise insufficient.