Jacobsohn v. Carey
Superior Court of Pennsylvania
Appeal, No. 68, Oc.t. T., 1914, by defendants, from order of the Municipal Court, Phila. Co., Feb. T., 1914, No. 57, making absolute rule for judgment for want of a sufficient affidavit of. defense in case of Lazar Jacobsohn v. Frank A. Carey et al., Copartners trading as Frank A. Carey & Company. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 68, Oc.t. T., 1914, by defendants, from order of the Municipal Court, Phila. Co., Feb. T., 1914, No. 57, making absolute rule for judgment for want of a sufficient affidavit of. defense in case of Lazar Jacobsohn v. Frank A. Carey et al., Copartners trading as Frank A. Carey & Company. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Trexler, J.,
The court below entered judgment for want of a sufficient affidavit of defense. The facts as they appear in the pleading are: the plaintiff agreed to furnish certain hat bodies to the defendant and “to deliver with said merchandise vouchers showing that the merchandise had been manufactured in a union factory.” The goods were delivered as ordered and were admittedly of the proper quality and kind but were unaccompanied by “union” vouchers. The defendant retained the goods, made no objection to them, made no attempt to return them and expressed no dissatisfaction in…
2Cases cited7 opinions
- Morgan v. McKeeSupreme Court of Pennsylvania · 1875
- Spiegelberg v. KarrSuperior Court of Pennsylvania · 1904
- Tete Bros. v. EshlerSuperior Court of Pennsylvania · 1899
- Baltimore Brick Co. v. CoyleSuperior Court of Pennsylvania · 1901
- Morse, Williams & Co. v. Arnfield & SonSuperior Court of Pennsylvania · 1900
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3Cited by3 opinions
- Wright v. General Carbonic Co.Supreme Court of Pennsylvania · 1921
- United States v. Dewart Milk Products Co.District Court, M.D. Pennsylvania · 1924
- Bunce v. Franklin Odd Fellows Hall Ass'nSuperior Court of Pennsylvania · 1916