Brown v. Unger
Supreme Court of Pennsylvania
Appeals, Nos. 91 and 92, Jan. T., 1921, by plaintiffs, from orders of C. P. Montgomery Co., June T., 1919, Nos. 72 and 73, discharging rules for judgment for want of sufficient affidavits of defense, in cases of T. Wistar Brown, 3d, et al., partners, who survive William M. Longstreth, and who with the said William M. Longstreth, were partners, trading as Schell, Longstreth & Co. v. Earl D. Unger et al., trading as Perkiomen Knitting Mills.
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Appeals, Nos. 91 and 92, Jan. T., 1921, by plaintiffs, from orders of C. P. Montgomery Co., June T., 1919, Nos. 72 and 73, discharging rules for judgment for want of sufficient affidavits of defense, in cases of T. Wistar Brown, 3d, et al., partners, who survive William M. Longstreth, and who with the said William M. Longstreth, were partners, trading as Schell, Longstreth & Co. v. Earl D. Unger et al., trading as Perkiomen Knitting Mills. Buies for judgments for want of sufficient affidavits of defense. . Before Miller, J. The opinion of the Supreme Court states the case. The court…
1Opinion of the Court
Per Curiam,
These two appeals are from orders refusing judgments for want of sufficient affidavits of defense. After reading the pleadings, and considering the able argument of counsel for appellants, we cannot say it is “clear and free from doubt” that the court below erred in refusing judgment; following the usual course pursued in such cases (Wilson v. Bryn Mawr T. Co., 225 Pa. 143), we shall not disturb the orders appealed from; nor shall we discuss the applicable rules of law, till an opportunity is had to fully develop the facts at trial.
The appeals are dismissed.
2Cases cited1 opinion
- Wilson v. Bryn Mawr Trust Co.Supreme Court of Pennsylvania · 1909
3Cited by16 opinions
- Sipp v. Philadelphia Life InsuranceSupreme Court of Pennsylvania · 1928
- Victorson v. Albert M. Green Hosiery Mills, Inc.Court of Appeals for the Third Circuit · 1953
- Kaster v. Pennsylvania Fuel Supply Co.Supreme Court of Pennsylvania · 1930
- B. F. Goodrich Rubber Co. v. Motor Tire Corp.Supreme Court of Pennsylvania · 1927
- Minster, Jr. v. Blair, Inc.Superior Court of Pennsylvania · 1928
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