Fulton Farmers Ass'n v. Bomberger
Supreme Court of Pennsylvania
Appeal, No. 242, Jan. T., 1918, by defendant, from judgment of C. P. Lancaster Co., March T., 1915, No. 41, entered for want of a sufficient affidavit of defense in case of Fulton Farmers Association v. D. R. Bomberger. Assumpsit for commissions. Before Hassler, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 242, Jan. T., 1918, by defendant, from judgment of C. P. Lancaster Co., March T., 1915, No. 41, entered for want of a sufficient affidavit of defense in case of Fulton Farmers Association v. D. R. Bomberger. Assumpsit for commissions. Before Hassler, J. The facts appear by the opinion of the Supreme Court. The lower court entered judgment for plaintiff for $4,287.70 representing the amount of the claim as to which the affidavit of defense was insufficient, with leave to the plaintiff to proceed to trial for the balance of its claim. Defendant appealed.. Error assigned was the…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
The statement of claim in this case, was supplemented by a bill of particulars requested by defendant. As thus supplemented, the statement was held to be sufficient by the court below, and no exception was taken to that ruling, and no error is here assigned in regard thereto'.
Thereby plaintiff averred that defendant had been appointed treasurer of plaintiff during its organization as a corporation, which appointment was approved by the board of directors after incorporation; that as his compensation he was to receive two per centum of the moneys collected by him;…
2Cases cited1 opinion
- Faux v. FitlerSupreme Court of Pennsylvania · 1909
3Cited by43 opinions
- Vinnacombe v. Phila. Am. S.Supreme Court of Pennsylvania · 1929
- Parry v. First National BankSupreme Court of Pennsylvania · 1921
- Jones v. Dubuque Fire & Marine InsuranceSupreme Court of Pennsylvania · 1934
- Kirk v. Showell, Fryer & Co.Supreme Court of Pennsylvania · 1923
- Philadelphia v. SchaeferSupreme Court of Pennsylvania · 1921
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