Wentz v. Pennsylvania Casualty Co.

Supreme Court of Pennsylvania

Wentz v. Pennsylvania Casualty Co.

90 A. 800, 244 Pa. 517, 1914 Pa. LEXIS 800

CourtSupreme Court of Pennsylvania

DecidedMarch 23, 1914

DocketAppeal, No. 256

StatusPublished

This text of 90 A. 800 (Wentz v. Pennsylvania Casualty Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wentz v. Pennsylvania Casualty Co., 90 A. 800, 244 Pa. 517, 1914 Pa. LEXIS 800 (Pa. 1914).

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Opinion

Per Curiam,

This appeal is from an order discharging a rule for judgment for want of a sufficient affidavit of defense. The action was on a written instrument which contained a recital that the plaintiff, a stockholder of the company defendant, had advanced money to it to be repaid out of the first net earnings of the company and a promise to pay the principal out of the first net earnings and before any dividends were declared or paid and to pay interest quarterly. It is alleged in the statement of claim that the net earnings of the company have been more than sufficient to pay the obligation with interest thereon and that dividends have been declared and paid [519]*519out of the net earnings. It is averred in the affidavit of defense that there have not been net earnings of the company since the date of the instrument on which suit is brought, sufficient to pay any part of plaintiff’s claim and that there have been no dividends paid out of net earnings at any time. This was a distinct and specific denial of the allegation of the plaintiff on which his right to recover was based and it was sufficient to prevent judgment.

The order is affirmed.

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Per Curiam,

This appeal is from an order discharging a rule for judgment for want of a sufficient affidavit of defense. The action was on a written instrument which contained a recital that the plaintiff, a stockholder of the company defendant, had advanced money to it to be repaid out of the first net earnings of the company and a promise to pay the principal out of the first net earnings and before any dividends were declared or paid and to pay interest quarterly. It is alleged in the statement of claim that the net earnings of the company have been more than sufficient to pay the obligation with interest thereon and that dividends have been declared and paid [519]*519out of the net earnings. It is averred in the affidavit of defense that there have not been net earnings of the company since the date of the instrument on which suit is brought, sufficient to pay any part of plaintiff’s claim and that there have been no dividends paid out of net earnings at any time. This was a distinct and specific denial of the allegation of the plaintiff on which his right to recover was based and it was sufficient to prevent judgment.

The order is affirmed.

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Bluebook (online)

90 A. 800, 244 Pa. 517, 1914 Pa. LEXIS 800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wentz-v-pennsylvania-casualty-co-pa-1914.