Elk Textile Co. v. Cohen
Superior Court of Pennsylvania
Appeal, No. 284, Oct. T., 1920, by defendant, from judgment of the Municipal Court of Philadelphia, June T., 1920, No. 263, in the case of Elk Textile Company, a corporation, v. D. Cohen, trading as Columbia Dress Company. Assumpsit on book account for goods sold and delivered. Buie for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 284, Oct. T., 1920, by defendant, from judgment of the Municipal Court of Philadelphia, June T., 1920, No. 263, in the case of Elk Textile Company, a corporation, v. D. Cohen, trading as Columbia Dress Company. Assumpsit on book account for goods sold and delivered. Buie for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. The court made absolute the rule for judgment for want of a sufficient affidavit of defense. Defendant appealed. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s action was based on a book account for a bill of dress goods sold to the defendant. An affidavit *480of defense and supplement thereto were filed by the defendant. On a rule for judgment for want of a sufficient affidavit of defense, judgment was entered in favor of the plaintiff. The sufficiency of the affidavits is the question for our consideration. The merchandise consisted 'of eighteen pieces of voile. It was shipped on February 4, 1920, and received by the defendant on March 5th. The material was to be used in the manufacture of dresses and the…
2Cases cited6 opinions
- Elzea v. BrownSuperior Court of Pennsylvania · 1915
- Fowler v. Meadow Brook Water Co.Supreme Court of Pennsylvania · 1904
- Beetem's Administrators v. BurkholderSupreme Court of Pennsylvania · 1871
- Zeller v. HauptSuperior Court of Pennsylvania · 1910
- Moneyweight Scale Co. v. WoodwardSuperior Court of Pennsylvania · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tinius Olsen Testing MacHine Co. v. Wolf Co.Supreme Court of Pennsylvania · 1929
- Riddle Co. v. TaubelSupreme Court of Pennsylvania · 1923
- Miner-Hillard Milling Co. v. RosatoSuperior Court of Pennsylvania · 1923
- Kirk Johnson Co., Inc. v. LightSuperior Court of Pennsylvania · 1930
- Ireland Bros. v. Refowich Bros.Superior Court of Pennsylvania · 1926
4 more not listed; retrieve them via the Exa API.