Legal Opinion

Phillips v. Allen

Superior Court of Pennsylvania

Decided February 25, 1907No. Appeal, No. 1091PublishedCited by 2 opinions

Appeal, No. 1091, Oct. T., 1906, by defendant, from order of C. P. No. 1, Phila. Co., March T., 1906, No. 857, making absolute rule for judgment for want of a sufficient affidavit of defense in case of J. E. Phillips, trading as Phillips, Anderson & Company, v. George W. Allen. Assumpsit for goods sold and delivered.

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Appeal, No. 1091, Oct. T., 1906, by defendant, from order of C. P. No. 1, Phila. Co., March T., 1906, No. 857, making absolute rule for judgment for want of a sufficient affidavit of defense in case of J. E. Phillips, trading as Phillips, Anderson & Company, v. George W. Allen. Assumpsit for goods sold and delivered. The affidavit of defense was as follows: William K. Culin, being duly sworn according to law, deposes and says that he is the manager for George W. Allen, defendant in the above case, and that the said George W. Allen, at the present time, is in Jamaica, West Indies, and will not…

1Opinion of the Court

Opinion by

Rice, P. J.,

Assuming the truth of everything asserted in the affidavit of defense as to what the defendant claims to be his defense, it is, in substance, that a certain sum,in cash and two promissory notes of the defendant payable at future dates (which were paid at maturity) were accepted by the plaintiff in full settlement of the debt then due, amounting to a considerably larger sum. It is not alleged in the affidavit that the notes were so drawn as to be negotiable, and it is argued by the plaintiff’s counsel that the acceptance of a mere nonnegotiable written promise to pay part…

2Cases cited6 opinions

  1. Griel v. BuckiusSupreme Court of Pennsylvania · 1886
  2. Citizens Natural Gas Co. v. Waynesburg Natural Gas Co.Supreme Court of Pennsylvania · 1904
  3. Safety Banking & Trust Co. v. ConwellSuperior Court of Pennsylvania · 1905
  4. Baum v. Union Surety & Guaranty Co.Superior Court of Pennsylvania · 1901
  5. Black v. HalsteadSupreme Court of Pennsylvania · 1861

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. International Harvester Co. of America v. MillerSuperior Court of Pennsylvania · 1912
  2. Yeier v. Hanover Fire InsuranceSuperior Court of Pennsylvania · 1916

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