Brightly v. McAleer
Superior Court of Pennsylvania
Appeal, No. 32, Nov. T., 1896, by-defendant, from judgment of C. P. No. 1, Pbila. Co., June T., 1895, No. 751, in favor of plaintiff for want of a sufficient affidavit of defense. Assumpsit on special contract. The plaintiff claimed $250 as due him by the defendant under a special contract in consideration of services as attorney at law.
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Appeal, No. 32, Nov. T., 1896, by-defendant, from judgment of C. P. No. 1, Pbila. Co., June T., 1895, No. 751, in favor of plaintiff for want of a sufficient affidavit of defense. Assumpsit on special contract. The plaintiff claimed $250 as due him by the defendant under a special contract in consideration of services as attorney at law. The affidavit of defense was as follows: George McAleer, the defendant in the above entitled cause, being duly sworn, deposes and says: That he is advised and believes that he has a just and true defense to the whole of the plaintiff’s claim of the following…
1Opinion of the Court
Opinion by
Rice, P. J.,
The cause of action set forth in the plaintiff’s statement arose out of a special contract of the defendant to pay him $250 in full for and in consideration of his services as an attorney'at law rendered to the defendant prior to the date of the contract in the matter of the defendant’s application for a retail liquor license and in the matter of the defendant’s remonstrance against another application. The defendant, instead qf deny*445ing in general terms the existence of such a contract, stated the facts and left the court to judge of their legal effect. In so doing.he…
2Cases cited7 opinions
- Western Union Telegraph Co. v. SemmesCourt of Appeals of Maryland · 1890
- Clark v. HerringSupreme Court of Pennsylvania · 1812
- Nesmith v. DrumSupreme Court of Pennsylvania · 1844
- Paul v. StackhouseSupreme Court of Pennsylvania · 1861
- Albany City Insurance v. WhitneySupreme Court of Pennsylvania · 1873
2 more not listed; retrieve them via the Exa API.
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- Kraus v. Naumburg, Pennsylvania Court of Common Pleas, Bucks County1964