Gunnis, Barritt & Co. v. Cluff
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term, 1885, No. 231. This was an attachment under the Act of 1869, by D. B. Cluff against William R. Gunnis, Charles H. Barritt and Albert Smyth, trading as Gunnis, Barritt & Co., issued November 14th, 1884. On October 31st, 1884, the firm of Gunnis, Barritt & Co., commission merchants, doing business at 524 Market street, Philadelphia, defendants below, being indebted to D. B. Cluff, of Haverhill,…
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term, 1885, No. 231. This was an attachment under the Act of 1869, by D. B. Cluff against William R. Gunnis, Charles H. Barritt and Albert Smyth, trading as Gunnis, Barritt & Co., issued November 14th, 1884. On October 31st, 1884, the firm of Gunnis, Barritt & Co., commission merchants, doing business at 524 Market street, Philadelphia, defendants below, being indebted to D. B. Cluff, of Haverhill, Massachusetts, were' called upon by him, and .upon his statement that he needed the cash,gave him their check . on the…
1Opinion of the CourtJustice Sterrett
Assuming, for the purposes of this case, that plaintiffs in error were unjustly injured as alleged in their affidavit of defence, and by reason thereof have a good cause of action against plaintiff below, the question is whether the damages they sustained can be defalked against his demand in this action.
On November 14th, 1884, plaintiff below filed an affidavit *515in which he alleged the debt in suit, evidenced by the check of plaintiffs in error, was fraudulently contracted, gave security and issued an attachment under the Act of 1869. By virtue of the writ their deposits in bank and goods in…
2Cases cited1 opinion
- Huling v. HuggSupreme Court of Pennsylvania · 1841
3Cited by10 opinions
- Pocono Spring Water Ice Co. v. American Ice Co.Supreme Court of Pennsylvania · 1906
- Pearlman v. NewburgerSuperior Court of Pennsylvania · 1935
- Simkins Ind., Inc. v. Fuld & Co., Div. of Met. Gr., Inc.District Court, E.D. Pennsylvania · 1975
- Condran v. KennedySuperior Court of Pennsylvania · 1914
- Lyons v. BarnettSuperior Court of Pennsylvania · 1922
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