Davidov v. Bail
Superior Court of Pennsylvania
Appeal, No. 105, Oct. T., 1903, by defendant, from order of C. P. No. 3, Pliila. Co., March T., 1903, No. 2081, making absolute rule for judgment for want of a sufficient affidavit of defense in case of William Davidov and Henry Sander, trading as Davidov Sander, v. Bernard H. Bail. Assumpsit for goods sold and delivered.
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Appeal, No. 105, Oct. T., 1903, by defendant, from order of C. P. No. 3, Pliila. Co., March T., 1903, No. 2081, making absolute rule for judgment for want of a sufficient affidavit of defense in case of William Davidov and Henry Sander, trading as Davidov Sander, v. Bernard H. Bail. Assumpsit for goods sold and delivered. Plaintiff’s statement was as follows : The plaintiffs are tailors and makers of ladies’ clothes and they sold and delivered to the wife of the said defendant at her special request various goods and articles of wearing apparel each and all of which were necessary for her and…
1Opinion of the Court
Per Curiam,
The defendant, whilst averring in general terms that he had a just and true defense to the whole of the plaintiff’s claim, declined to set it forth, because he was advised by his counsel that the book account upon which suit was brought is not such' a one as entitles a plaintiff to judgment for want of an affidavit of defense.
His first specific objection is that the copy of the book entries attached to the plaintiff’s statement does not charge the defendant. This would have been a valid objection under the act of 1835 (Wall v. Dovey, 60 Pa. 212), but under the act of 1887, the…
2Cases cited4 opinions
- Fritz v. HathawaySupreme Court of Pennsylvania · 1890
- Genesee Paper Co. v. BogertSuperior Court of Pennsylvania · 1903
- Wall v. DoveySupreme Court of Pennsylvania · 1869
- Bridgeman Bros. v. SwingSupreme Court of Pennsylvania · 1903
3Cited by4 opinions
- Bethlehem Steel Co. v. ToplissSupreme Court of Pennsylvania · 1915
- Kamber v. BeckerSuperior Court of Pennsylvania · 1905
- Paist v. SpittallSuperior Court of Pennsylvania · 1914
- Lemon v. Lonker Et Ux.Superior Court of Pennsylvania · 1929