Ketterer Manufacturing Co. v. Baltic Brewing Co.
Superior Court of Pennsylvania
Appeal, No. 40, Oct. T., 1902, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1901, No. 4077, for want of a sufficient affidavit of defense in case of Ketterer Manufacturing Company v. Baltic Brewing Company, Limited. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. The material averments of the affidavit of defense are set forth in the opinion of the Superior Court.
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Appeal, No. 40, Oct. T., 1902, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1901, No. 4077, for want of a sufficient affidavit of defense in case of Ketterer Manufacturing Company v. Baltic Brewing Company, Limited. Assumpsit on a promissory note. Rule for judgment for want of a sufficient affidavit of defense. The material averments of the affidavit of defense are set forth in the opinion of the Superior Court. The court made absolute a rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order of the court. There can be no waiver…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff brought suit to recover on two notes dated August 27, 1902, at one and two months, for $50.00 each, and obtained a judgment on a rule for want of a sufficient affidavit of defense. The defense was that the plaintiff contracted to repair, paint and letter a wagon, and guaranteed and expressly war*212ranted the best workmanship and the use of the best materials, upon which warranty the defendant relied. The whole charge was $113.14, of which $13.14 was paid in cash and the notes on which this suit was brought were given for the balance about the time the work was…
2Cases cited6 opinions
- Moore v. Carter, Pennsylvania Court of Common Pleas, Alleghany County1892
- Stewart v. TrimbleSuperior Court of Pennsylvania · 1901
- Bryant v. StilwellSupreme Court of Pennsylvania · 1855
- Hartupee v. City of PittsburghSupreme Court of Pennsylvania · 1881
- Bacon v. ScottSupreme Court of Pennsylvania · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Raab Et Ux. v. BeattySuperior Court of Pennsylvania · 1929
- Meacham v. GardnerSuperior Court of Pennsylvania · 1905