Vulcanite Paving Co. v. Chester Traction Co.
Superior Court of Pennsylvania
Appeal, No. 235, Oct. T., 1911, by defendant, from order of C. P. Delaware Co., March T., 1911, No. 296, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Vulcanite Paving .Company v. Chester Traction Company. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 235, Oct. T., 1911, by defendant, from order of C. P. Delaware Co., March T., 1911, No. 296, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Vulcanite Paving .Company v. Chester Traction Company. Rule for judgment for want of a sufficient affidavit of defense. From the record it appeared that the plaintiff entered a rule on defendant for judgment for the portion of plaintiff’s claim as to which the affidavit of defense was insufficient, to wit, the sum of $627.50, being the amount which the defendant company admitted should be charged to…
1Opinion of the Court
Per Curiam,
It is argued that, as the affidavit of defense admitted a certain sum to be due, the plaintiff should have proceeded under the Act of May 31, 1893, P. L. 185, and that the Act of July 15, 1897, P. L. 276, was inapplicable. This position is untenable. Where an affidavit of defense, in an action of assumpsit, admits a certain part of the claim to be due, and presents no sufficient defense to another part of the claim, it is regular, under the act of 1897, for the court to grant judgment for the aggregate of both portions, with leave to the plaintiff to proceed for the recovery of the…
2Cases cited4 opinions
- Superior National Bank v. StadelmanSupreme Court of Pennsylvania · 1893
- Boal v. Citizens' Natural Gas Co.Superior Court of Pennsylvania · 1903
- International Savings & Trust Co. v. StengerSuperior Court of Pennsylvania · 1906
- Stead v. RandallSupreme Court of Pennsylvania · 1912