Smith v. Smith
Superior Court of Pennsylvania
Appeal, No. 239, Oct. T., 1911, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T., 1909, No. 2,974, on verdict for plaintiff in case of J. L. Smith v. Elvino Y. Smith. Assumpsit on book accounts. Before Magill, J. From the record it appeared that the defendant, with his plea, gave notice that the special matter set forth in the affidavit of defense would be offered in evidence as a set-off at the trial.
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Appeal, No. 239, Oct. T., 1911, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March T., 1909, No. 2,974, on verdict for plaintiff in case of J. L. Smith v. Elvino Y. Smith. Assumpsit on book accounts. Before Magill, J. From the record it appeared that the defendant, with his plea, gave notice that the special matter set forth in the affidavit of defense would be offered in evidence as a set-off at the trial. One of the rules of the court of common pleas of Philadelphia county is as follows: “Sec. 16. When the defendant claims a set-off or counterclaim, unless the matter be fully and…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff’s action is founded on a book account. The affidavit of defense, after denying the correctness of some of the items of the claim, about, which there is now no contention, set up a counterclaim in favor of the defendant amounting to a considerable sum. The plea upon *425which the cause went to issue gave notice that the special matter set up in the affidavit would be relied on by the. defendant at the trial to answer pro tanto the plaintiff’s claim. As to the balance over and above this set-off and the other matters mentioned, no defense was made.
Upon the trial,…
2Cases cited1 opinion
- Smith v. SmithSuperior Court of Pennsylvania · 1911
3Cited by7 opinions
- Fagnani v. Integrity Finance CorporationSuperior Court of Delaware · 1960
- Hale v. UhlSupreme Court of Pennsylvania · 1928
- Shapiro v. AlbrightSuperior Court of Pennsylvania · 1981
- Carlisle Deposit Bank & Trust Co. v. Hoffer, Pennsylvania Court of Common Pleas, Cumberland County1938
- Caromono v. Garman, Pennsylvania Court of Common Pleas, Philadelphia County1941
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