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Saint Josephs Polish Catholic Beneficial Society of the City of Wilmington, a corporation of the State of Delaware, vs. Saint Hedwigs Church, Wilmington, Delaware

Delaware Superior Court1901-05-29No. Action of Assumpsit No. 141
3 Penne. 22919 Del. 229

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority 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.