Philadelphia Storage Battery Co. v. Mutual Tire Stores

(dissenting) : This is an appeal from an order pro forma of his Honor, Judge Townsend, overruling a demurrer interposed by the plaintiff to the defendant’s answer and counterclaim upon the general ground.

The complaint states two causes of action: (1) Upon a check for $1,508.96, dated January 25, 1930, payable to the plaintiff upon account of goods sold and delivered, the payment of which was stopped by the defendant after its transmission; and (2) upon an account for goods sold and delivered by the plaintiff to the defendant between November 25, 1929, and January 29, 1930, amounting to…