Cake v. Stidfole

Schuylkill County Court of Common Pleas

Cake v. Stidfole

2 Foster 101

Pennsylvania Court of Common Pleas, Schuylkill County·Decided March 9, 1874·Published

Opinion

Per Curiam.

March 9th, 1874.

The affidavit of defense does not deny actual notice. Indeed this is impliedly admitted, the qualification-being that the defendant is informed that the protest and certificate were not actually made by the notary himself. This information is not averred to. be.believed by him, and might have been given by one who himself had no sufficient information.All that is stated might be true, and yet the defendant might have actual notice of the protest.

Judgment affirmed.

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Per Curiam.

March 9th, 1874.

The affidavit of defense does not deny actual notice. Indeed this is impliedly admitted, the qualification-being that the defendant is informed that the protest and certificate were not actually made by the notary himself. This information is not averred to. be.believed by him, and might have been given by one who himself had no sufficient information.All that is stated might be true, and yet the defendant might have actual notice of the protest.

Judgment affirmed.

Cake v. Stidfole, 2 Foster 101 (Pa. Super. Ct. 1874).

Pincite

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