Fritz v. Hathaway
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 69 January Term 1890, Sup. Ct.; court below, No. 5211 June Term 1889, C. P. No. 1. On June 11, 1889, Christian P. Fritz brought assumpsit against I. Hayes Hathaway, and on June 20, 1889, filed the following statement of claim, verified by his affidavit: “ The above-stated action is founded on a book account or entry, a copy of which taken from plaintiff’s book of original entries, made on or…
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 69 January Term 1890, Sup. Ct.; court below, No. 5211 June Term 1889, C. P. No. 1. On June 11, 1889, Christian P. Fritz brought assumpsit against I. Hayes Hathaway, and on June 20, 1889, filed the following statement of claim, verified by his affidavit: “ The above-stated action is founded on a book account or entry, a copy of which taken from plaintiff’s book of original entries, made on or about their respective dates, accompanies this statement as a part thereof; and the plaintiff avers that the charges…
1Opinion of the Court
Opinion,
Mb. Justice Mitchell :
The affidavit of defence called attention to the fact that the contract, as appeared on the face of the book account, had been completed more than six years before suit brought, and averred that defendant had made no new promise. This distinctly set up the bar of the statute of limitations, and was a good defence against summary judgment.
But the statement itself is too defective to sustain the judgment. In the first place, it sets out that the “ action is founded on a book account or entry, a copy of which.....accompanies this statement,” etc. But the copy does…
2Cases cited2 opinions
- Wall v. DoveySupreme Court of Pennsylvania · 1869
- Jones v. GordonSupreme Court of Pennsylvania · 1889
3Cited by36 opinions
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