American Malting Co. v. Anthracite Brewing Co.
Supreme Court of Pennsylvania
Appeal, No. 74, Jan. T., 1915, by defendant, from order of C. P. Northumberland Co., Sept. T., 1913, No.424, discharging rule to open judgment in case of American Malting Company, a corporation, v. Anthracite Brewing Company, a corporation. Assumpsit for the contract price of malt. Rule to open a judgment entered for want of an affidavit of defense. Before Cummings, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 74, Jan. T., 1915, by defendant, from order of C. P. Northumberland Co., Sept. T., 1913, No.424, discharging rule to open judgment in case of American Malting Company, a corporation, v. Anthracite Brewing Company, a corporation. Assumpsit for the contract price of malt. Rule to open a judgment entered for want of an affidavit of defense. Before Cummings, P. J. The facts appear by the opinion of the Supreme Court. The lower court discharged the rule to open the judgment. Defendant appealed. Error assigned, among others, was in discharging the rule to open the judgment.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
Judgment was entered against the defendant for want of an affidavit of defense; later in the same day such an affidavit was filed and a rule taken to strike off the judgment ; this relief was refused, and three months thereafter the defendant asked that the judgment be opened; the court discharged a rule taken to accomplish the latter purpose, and damages were assessed in the full amount of plaintiff’s claim with interest; the defendant has appealed.
The plaintiff corporation averred that, on December 30,1911, it and the defendant entered into a written…
2Cases cited4 opinions
- Hipple v. LairdSupreme Court of Pennsylvania · 1899
- Baker v. TustinSupreme Court of Pennsylvania · 1914
- Barker v. FairchildSupreme Court of Pennsylvania · 1895
- Lytle v. ForrestSupreme Court of Pennsylvania · 1896
3Cited by1 opinion
- Huber v. AndersonSupreme Court of Pennsylvania · 1946