Commercial Finance Co. v. DeMartelly
Supreme Court of Pennsylvania
Appeal, No. 193, Jan. T., 1920, by plaintiff, from order of C. P. No. 1, Pbila. Co., June T., 1920, No. 3097, discharging rule for judgment for want of a sufficient affidavit of defense, in case of Commercial Finance Co. v. L. G. G. DeMartelly and Alexander N. Mogab. Assumpsit on a contract of writing. Before Shoemaker, J. The opinion of the Supreme Court states the facts. The court discharged rule for judgment for want of sufficient affidavit of defense. Plaintiff appealed.
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Appeal, No. 193, Jan. T., 1920, by plaintiff, from order of C. P. No. 1, Pbila. Co., June T., 1920, No. 3097, discharging rule for judgment for want of a sufficient affidavit of defense, in case of Commercial Finance Co. v. L. G. G. DeMartelly and Alexander N. Mogab. Assumpsit on a contract of writing. Before Shoemaker, J. The opinion of the Supreme Court states the facts. The court discharged rule for judgment for want of sufficient affidavit of defense. Plaintiff appealed. Error assigned was above order, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
On March 9, 1918, an agreement was entered into between the Commercial Finance Company, therein called the first party, and “DeMartelly & Co., together with the officers and agents, if any, by whom this agreement is •executed,” therein called the second party, which provides that plaintiff shall advance to DeMartelly & Co., various sums of money upon assignments of its accounts receivable as collateral security for the advances, in consideration of which “the second party hereby guarantees the payment at maturity of all accounts assigned to first party and agrees…
2Cases cited2 opinions
- Davis v. SteinerSupreme Court of Pennsylvania · 1850
- Smith v. PlummerSupreme Court of Pennsylvania · 1840
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- Fonner v. McNurlin, Pennsylvania Court of Common Pleas, Greene County1933
- Wilson v. Melrath Supply & Gasket Co.District Court, E.D. Pennsylvania · 1942