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

50 A. 535, 19 Del. 229, 3 Penne. 229, 1901 Del. LEXIS 18

Opinion

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.