Kidney v. Beemer
Superior Court of Pennsylvania
Appeal, No. 55, Jan. T., 1905, by defendant, from order of C. P. Monroe Co., May T., 1904, No. 13, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Alfred H. Kidney, receiver of the New York and Pennsylvania Brick, Tile and Terra Cotta Company and the Chestnut Ridge Railroad of Pennsylvania v. James G. Beemer, trustee, and James G. Beemer. Assumpsit upon a promissory note.
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Appeal, No. 55, Jan. T., 1905, by defendant, from order of C. P. Monroe Co., May T., 1904, No. 13, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Alfred H. Kidney, receiver of the New York and Pennsylvania Brick, Tile and Terra Cotta Company and the Chestnut Ridge Railroad of Pennsylvania v. James G. Beemer, trustee, and James G. Beemer. Assumpsit upon a promissory note. Before Staples, P. J. The facts appear by the opinion of the Superior Court. Error assigned was in making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an appeal from the judgment of the court below in granting judgment for want of a sufficient affidavit of defense, and the single assignment of error complains of the action of the court in that respect.
The plaintiff, receiver, acting under the order of court, sold the goods and chattels, real and personal property and franchises of the two corporations which he represented to James Gr. Beemer for the sum of $31,500. By his direction the sale was made to him as trustee. By the order of court the terms of sale were one half cash on the day of sale and one half in…
2Cases cited9 opinions
- Commonwealth ex rel. John T. Baldwin & Co. v. YeisleySuperior Court of Pennsylvania · 1898
- Quigley v. DeHaasSupreme Court of Pennsylvania · 1876
- Youghiogheny Iron & Coal Co. v. SmithSupreme Court of Pennsylvania · 1870
- Murtland v. FloydSupreme Court of Pennsylvania · 1893
- Beringer v. Meanor's AdministratorSupreme Court of Pennsylvania · 1877
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