Standard Engineering & Construction Co. v. Smyser-Royer Co.
Superior Court of Pennsylvania
Appeal, No. 121, Oct. T., 1917, by plaintiff, from judgment of Municipal Court, Philadelphia Co., Oct. T., 1916, No, 221, on verdict for defendant in case of Standard Engineering & Construction Co. to use of D. A. Daly and Frederick Wielandt, trading as Daly, Wielandt & Company, v. Smyser-Royer Company.
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Appeal, No. 121, Oct. T., 1917, by plaintiff, from judgment of Municipal Court, Philadelphia Co., Oct. T., 1916, No, 221, on verdict for defendant in case of Standard Engineering & Construction Co. to use of D. A. Daly and Frederick Wielandt, trading as Daly, Wielandt & Company, v. Smyser-Royer Company. Assumpsit on an agreement to' pay $210. Before Wheeler, J. From the record it appeared that on January 31,1914, the Standard Engineering and Construction Company and the Smyser-Royer Company entered into a contract calling for certain iron for the Philadelphia Institution for Feeble Minded.…
1Opinion of the Court
Opinion by
Williams, J.,
In an action of assumpsit on an agreement to pay $210, defendant pleaded a set-off of $4,375, due it from the legal plaintiff.
The evidence at the trial was that the legal plaintiff had been discharged in bankruptcy more than a year before the presentation of the defendant’s claim in this suit, which claim had not been proved in bankruptcy. The court below held that it was, pro tanto, a good set-off, and reserved a point as to whether it was invalidated under the provisions of Section 57n of the Bankruptcy Act of 1898. The plaintiff moved for judgment n. o. v., which the…
2Cases cited3 opinions
- Norfolk & W. Ry. Co. v. GrahamCourt of Appeals for the Fourth Circuit · 1906
- Wagner v. BurnhamSupreme Court of Pennsylvania · 1909
- Pulaski AvenueSupreme Court of Pennsylvania · 1912