Legal Opinion

Acme Manufacturing Co. v. Reed

Supreme Court of Pennsylvania

Decided May 24, 1897No. Appeal, No. 96PublishedCited by 18 opinions

Appeal, No. 96, Jan. T., 1897, by plaintiff, from order of C. P. Erie Co., Feb. T., 1897, No. 41, discharging rule for judgment for want of sufficient affidavit of defense. Assumpsit to recover $5,755.91 for bicycles sold and delivered to Leo Schlaudecker, for the payment of which the defendant was alleged to be a guarantor. The plaintiff annexed to his statement of claim the following order, marked Exhibit “ A: ” Acme Manufacturing Co., Reading, Penna.

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Appeal, No. 96, Jan. T., 1897, by plaintiff, from order of C. P. Erie Co., Feb. T., 1897, No. 41, discharging rule for judgment for want of sufficient affidavit of defense. Assumpsit to recover $5,755.91 for bicycles sold and delivered to Leo Schlaudecker, for the payment of which the defendant was alleged to be a guarantor. The plaintiff annexed to his statement of claim the following order, marked Exhibit “ A: ” Acme Manufacturing Co., Reading, Penna. Gentlemen: — I herewith hand you my order through your representative for (quantity and specifications already sent in) Stormer Bicycles,…

1Opinion of the Court

Opinion by

Mr. Chibe Justice Stebbett,

This appeal from the refusal of the court to enter judgment for want of a sufficient affidavit of defense is resisted on two grounds: (1) plaintiff’s statement is insufficient in that it does not comply with the requirements of the procedure act of May 25, 1887; (2) the averments contained in the affidavit of defense are sufficient to prevent a summary judgment for plaintiff.

If either of these propositions is sustained the appeal must be dismissed: Byrne v. Hayden, 124 Pa. 170; Bank v. Ellis, 161 Pa. 241. In the latter, it was said: “ To entitle plaintiff…

2Cases cited2 opinions

  1. Chestnut Street National Bank v. EllisSupreme Court of Pennsylvania · 1894
  2. Byrne v. HaydenSupreme Court of Pennsylvania · 1889

3Cited by18 opinions

  1. Parry v. First National BankSupreme Court of Pennsylvania · 1921
  2. Downes v. HODINSupreme Court of Pennsylvania · 1954
  3. Richey v. GibboneySuperior Court of Pennsylvania · 1943
  4. Genesee Paper Co. v. BogertSuperior Court of Pennsylvania · 1903
  5. Gorson v. Lackawanna County Board of CommissionersCommonwealth Court of Pennsylvania · 1983

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