Legal Opinion

Peoples Street Ry. Co. v. Spencer

Supreme Court of Pennsylvania

Decided July 19, 1893No. Appeal, No. 117PublishedCited by 48 opinions

Appeal, No. 117, July T., 1892, by defendant, A. D. Spencer, from order of C. P. Lackawanna Co., Sept. T., 1891, No. 22, making absolute rule for judgment for want of sufficient affidavit of defence. Rule for judgment for want of sufficient affidavit of defence in assumpsit for insurance money in dispute.

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Appeal, No. 117, July T., 1892, by defendant, A. D. Spencer, from order of C. P. Lackawanna Co., Sept. T., 1891, No. 22, making absolute rule for judgment for want of sufficient affidavit of defence. Rule for judgment for want of sufficient affidavit of defence in assumpsit for insurance money in dispute. Plaintiff’s statement averred: “ Plaintiffs borrowed of defendant on Nov. 18,1889, the sum $20,000, and as security therefor gave their deed of the same date for lots 14 and 15, in block 37, on the town plot of Scranton, on which was erected their street railway barn, the consideration of…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

All the facts appear in the writings set forth in the plaintiff’s statement. None of the papers which are merely referred to but not set out in full seem to be essential to the cause of action, and the omission to give them in full is not therefore fatal. The affidavit of defence raises no issue of fact, for it denies no part of the statement except the inferences from the face of the papers. The case was therefore one for the court to decide upon the statement and affidavit.

All the writings constitute parts of one transaction, and the nature of that, beyond…

2Cases cited3 opinions

  1. Kerr v. DaySupreme Court of Pennsylvania · 1850
  2. Siter, James & Co.'s AppealSupreme Court of Pennsylvania · 1856
  3. Frick's AppealSupreme Court of Pennsylvania · 1882

3Cited by48 opinions

  1. Smith v. BanghamCalifornia Supreme Court · 1909
  2. Driebe v. Fort Penn Realty Co.Supreme Court of Pennsylvania · 1938
  3. Horgan v. RussellNorth Dakota Supreme Court · 1913
  4. Crossman v. American InsuranceMichigan Supreme Court · 1917
  5. Strong v. MooreOregon Supreme Court · 1922

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