Columbia Laundry Co. v. Ellis
Columbia Laundry Co. v. Ellis
Opinion of the Court
delivered the opinion of the Court:
. Under rule 19 of the rules of the supreme court of the District, the plaintiff, by filing an affidavit setting out the grounds upon which he claims possession of the premises de
Having these rules of construction in mind, let us briefly analyze the affidavit under consideration. In the first place, the averment that the defendant company was defunct upon a certain day is a conclusion of law, and is therefore bad, because it fails to state the facts from which such conclusion was drawn. Brown v. Delafield & B. Cement Co. 1 App. D. C. 232. The averment that from the day of the incorporation of the Columbia Laundry Company, Inc., it “became and was the tenant of the plaintiff,” is also bad for the same reason. This is a mere conclusion. There is no averment that the plaintiff had knowledge of the demise of the “Columbia Laundry Company” and the birth of the “Columbia Laundry Company, Inc.,” or that any notice was given the plaintiff by the new company of its alleged tenancy. This defect is rendered more serious by the rather ingenious statement that follows, to the effect that the officers of the new corporation, “are, with a few excep
The judgment will therefore be affirmed with costs.
Affirmed.
Reference
- Full Case Name
- COLUMBIA LAUNDRY COMPANY v. ELLIS
- Status
- Published
- Syllabus
- Landlord and Tenant; Affidavits; Pleading. 1. Rule 10 of the common law rules of the supreme court of the District of Columbia, allowing a landlord, in a suit by him against his tenant for possession, to have a summary judgment unless the defendant files an affidavit of defense, is analogous to rule 73 of that court, relating to actions eso contractu, and is equitable in its application. 2. While an affidavit of defense is to be liberally construed in favor of the defendant’s right to a trial upon the merits (following Brown v. Ohio Wat. Bank, 18 App. D. C. 598), a defendant will not be permitted to avoid the rule by the interposition of indirect and vague statements when it is apparently within his power to comply with the spirit of the rule. (Following Chapman v. Natalie Anthracite Coal Co. 11 App. D. C. 386.) 3. Averments in an affidavit of defense that the defendant corporation was defunct upon a certain day, and that another corporation, from the date of its incorporation, became and was the tenant of the plaintiff, are conclusions of law. (Citing Broom v. Delafield & B. Cement Co. 1 App. D. C. 232.) 4. In an action by a landlord against his tenant, the Columbia Laundry Company, a corporation, for possession, an affidavit of defense is insufficient, as setting forth only conclusions of law, which states that such corporation became and was defunct after a specified date; and that thereafter, on a day named, the Columbia Laundry Company, Inc., was duly incorporated, and from that date became and was the tenant of the plaintiff; that at no time since last mentioned date has the corporation, as described in the declaration, been a tenant of the plaintiff; and that the two corporations are distinct and separate, having, with a few exceptions, different officers.