Commonwealth v. Doubleday-Hill Electric Co.
Supreme Court of Pennsylvania
Oct. T., 1909, by defendants, from order of C. P. No. 2, Allegheny Co., Jan. T., 1909, No. 933, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth, for use of the Creditors, and Robert Hawk, Receiver of the Coney Island Amusement Company v. Doubleday-Hill Electric Company, Iron City Engineering Company and C. A. Lawrence. Assumpsit upon a bond. Rule for judgment for want of a sufficient affidavit of defense.
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Oct. T., 1909, by defendants, from order of C. P. No. 2, Allegheny Co., Jan. T., 1909, No. 933, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth, for use of the Creditors, and Robert Hawk, Receiver of the Coney Island Amusement Company v. Doubleday-Hill Electric Company, Iron City Engineering Company and C. A. Lawrence. Assumpsit upon a bond. Rule for judgment for want of a sufficient affidavit of defense. Before Shafer, P. J. The averments of the affidavit of defense are stated in the opinion of the Superior Court. Error assigned was…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
January 3, 1910:
This is an action of assumpsit on a bond given by the defendants to the commonwealth for the use of creditors and a receiver, conditioned that the obligors would bid a certain price on a resale of the property and effects of the Coney Island Amusement Company, sold by the receiver for an alleged inadequate price. Each of the three defendants filed an affidavit of defense and the court, holding the affidavits insufficient, entered judgment in favor of the plaintiff. The defendants have appealed. In disposing of the appeal, we must treat the…
2Cases cited2 opinions
- Singerly v. Swain's AdministratorsSupreme Court of Pennsylvania · 1859
- Banes v. GordonSupreme Court of Pennsylvania · 1848
3Cited by2 opinions
- Ludwig's EstateSuperior Court of Pennsylvania · 1920
- Commonwealth v. Doubleday-Hill Electric Co.Supreme Court of Pennsylvania · 1914