Commonwealth v. Gerlach

Opinion by

Mr. Justice Drew,

The Commonwealth of Pennsylvania, Department of Public Assistance, brought this action in assumpsit to recover certain moneys collected for it by defendant. A claim of set-off was asserted in defendant’s affidavit of defense, to which the Commonwealth replied raising questions of law. The learned court below decided these questions in favor of defendant, and the Commonwealth appealed.

The pleadings disclose the pertinent facts. Defendant, an attorney, was employed by the Commonwealth as its counsel in Luzerne County to collect certain claims against individuals and…