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
CourtSuperior Court of Delaware
DecidedMay 29, 1901
DocketAction of Assumpsit No. 141
StatusPublished
Cited by4 cases

This text of 50 A. 535 (Saint Joseph's Polish Catholic Beneficial Society v. Saint Hedwig's Church) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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 (Del. Ct. App. 1901).

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.

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Cite This Page — Counsel Stack

Bluebook (online)
50 A. 535, 19 Del. 229, 3 Penne. 229, 1901 Del. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saint-josephs-polish-catholic-beneficial-society-v-saint-hedwigs-church-delsuperct-1901.