Legal Opinion

Stern v. Dwyer

Superior Court of Pennsylvania

Decided December 12, 1907No. Appeal, No. 258PublishedCited by 1 opinion

Appeal, No. 258, Oct. T., 1906, by defendants, from order of C. P. No. 3, Phila. Co., Sept. T., 1906, No. 1,712, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Emil Stern and Jules Stern, Trading as Stern & Stern, v. Michael J. Dwyer et al., trading as Dwyer, Madden & Company. Assumpsit for goods sold and delivered. The averments of the statement of claim and affidavit of defense appear by the opinion of the Superior Court.

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1Opinion of the Court

Opinion by

Henderson, J.,

The plaintiffs’ action is on a book account for merchandise, a copy of which account is attached to the statement of claim. ’ The' different items of merchandise are indicated in the account by number, apparently for convenience of identification. The defense set up is that a part of the goods for the price of which suit was brought was the subject of an order .given by the defendants to the plaintiffs October 21) 1905, and accepted by the latter, a copy of which order is attached to the affidavit of defense; that dates were fixed by the order within which the…

2Cases cited3 opinions

Andrews v. Blue Ridge Packing Co.Supreme Court of Pennsylvania · 1903
Hatboro National Bank v. StevensonSuperior Court of Pennsylvania · 1907
Eastern Forge Co. v. BaizleySuperior Court of Pennsylvania · 1902

3Cited by1 opinion

Punxsutawney Borough v. CarmaltSuperior Court of Pennsylvania · 1909