Gould & Co. v. Gage, Hitchcock & Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 4 OE PHILADELPHIA COUNTY. . . No. 189 July Term 1887, Sup. Ct.; court below, No. 338 June Term 1887, C. P. No. 4. On June 4, 1887, a summons in trespass on the case was issued in an action by C. W. Gage, C. Hitchcock and A. S. Gage, trading as Gage, Hitchcock & Co., against John H. Gould, trading as Gould & Co., returnable to June 6th, the ■first Monday of June.
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ERROR TO THE COURT OE COMMON PLEAS NO. 4 OE PHILADELPHIA COUNTY. . . No. 189 July Term 1887, Sup. Ct.; court below, No. 338 June Term 1887, C. P. No. 4. On June 4, 1887, a summons in trespass on the case was issued in an action by C. W. Gage, C. Hitchcock and A. S. Gage, trading as Gage, Hitchcock & Co., against John H. Gould, trading as Gould & Co., returnable to June 6th, the ■first Monday of June. On June 11th, the plaintiffs filed a paper, unverified by affidavit, which, after the caption, was as follows: The plaintiffs in the above case file the following, a copy of the promissory note…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
The summons in this case was issued June 4, 1887, and was therefore subject to the provisions of what is commonly known as the new “ Procedure Act ” of May 25, 1887, P. L. 271.
The writ was inadvertently issued in trespass on the case, but this was amendable, and on the 2d July following the action was changed to assumpsit. The writ was returnable on the first Monday (6th) of June. On 11th June a copy of the note was filed, and on the 15th notice thereof given. On the 18th June an affidavit of defence was filed, and on the 2d July a rule for judgment entered. On the…
2Cases cited1 opinion
- Kaufman & Co. v. Cooper Iron Mining Co.Supreme Court of Pennsylvania · 1884
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- Canadian Bank of Commerce v. LealeCalifornia Court of Appeal · 1910
- Marlin v. WatersSupreme Court of Pennsylvania · 1889
- Genesee Paper Co. v. BogertSuperior Court of Pennsylvania · 1903
- William Flaccus Oak Leather Co. v. HeasleySuperior Court of Pennsylvania · 1912
- Villar v. CoupeSuperior Court of Pennsylvania · 1916
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