Genesee Paper Co. v. Bogert
Superior Court of Pennsylvania
Affidavit of defense — Practice, C. P. — Set-off. In an action to recover the price of paper sold to the publisher of a newspaper, an affidavit of defense is insufficient which states a set-off of an amount named as an item of damage, and avers that the loss was due to the failure of the plaintiff to ship paper according to contract, whereby the defendant was unable to get his newspaper out in time to supply his subscribers, and was forced to borrow paper and-make new…
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Affidavit of defense — Practice, C. P. — Set-off. In an action to recover the price of paper sold to the publisher of a newspaper, an affidavit of defense is insufficient which states a set-off of an amount named as an item of damage, and avers that the loss was due to the failure of the plaintiff to ship paper according to contract, whereby the defendant was unable to get his newspaper out in time to supply his subscribers, and was forced to borrow paper and-make new contracts for the purchase of paper. In such a case the affidavit is also insufficient in averring that a certain amount of…
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of assumpsit brought by the plaintiff to recover a balance alleged to be due for the price and value of goods sold and delivered to the defendant. Amount claimed $1,210.37. After affidavit of defense and supplemental affidavit filed, the learned court below granted judgment in favor of the plaintiff for the full amount of its claim. The errors assigned are:
1. The court erred in sustaining the exceptions to the affidavit of defense.
2. The court erred in sustaining the exceptions to the supplemental affidavit of defense.
3. The court erred in making the…
2Cases cited10 opinions
- Fritz v. HathawaySupreme Court of Pennsylvania · 1890
- Acme Manufacturing Co. v. ReedSupreme Court of Pennsylvania · 1897
- Gould & Co. v. Gage, Hitchcock & Co.Supreme Court of Pennsylvania · 1888
- Kaufman & Co. v. Cooper Iron Mining Co.Supreme Court of Pennsylvania · 1884
- Second National Bank v. GardnerSupreme Court of Pennsylvania · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pennsylvania Railroad v. PittsburghSupreme Court of Pennsylvania · 1939
- Davidov v. BailSuperior Court of Pennsylvania · 1903
- Pennsylvania Co. v. HousemanSupreme Court of Pennsylvania · 1941
- Dunn v. Pittsburg Jewelry Manufacturing Co.Superior Court of Pennsylvania · 1910
- Paist v. SpittallSuperior Court of Pennsylvania · 1914
4 more not listed; retrieve them via the Exa API.