North German Lloyd Steamship Co. v. Wood
Superior Court of Pennsylvania
Appeal, No. 210, Oct. T., 1901, by plaintiff, from order of O. P. No. 4, Phila. Co., Dec. T., 1900, No. 645, discharging plaintiff’s rule for judgment for want of a sufficient affidavit of defense in case of North German Lloyd Steamship Company v. Meta J. Wood. Assumpsit for passage money.
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Appeal, No. 210, Oct. T., 1901, by plaintiff, from order of O. P. No. 4, Phila. Co., Dec. T., 1900, No. 645, discharging plaintiff’s rule for judgment for want of a sufficient affidavit of defense in case of North German Lloyd Steamship Company v. Meta J. Wood. Assumpsit for passage money. The affidavit of defense was as follows: That in October, 1900, she engaged a passage from Europe to America on the steamer owned by the plaintiff, known as the “ Kaiser Wilhelm der Grosse.” That the number of the stateroom which she engaged was “ 342,” and the price of it was $130. That on October 16, she…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
This action was brought upon a check, payable to the order of plaintiff, made by the defendant and the payment of which she had stopped. The affidavit of defense distinctly averred that a part of the consideration for which this check was given had been a certain contract between the defendant and the plaintiff company under the terms of which the plaintiff company undertook to transport her from Cherbourg to New York by the steamship Kaiser Wilhelm der Grosse, which was to sail from the former port on October 17, 1900, and that upon the voyage she was to occupy a…
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