Dunn v. Pittsburg Jewelry Manufacturing Co.
Superior Court of Pennsylvania
Appeal, No. 2, April T., 1910, by defendant, from order of C. P. No. 4, Allegheny Co., First T., 1909, No. 249, making absolute rule for judgment for want of a sufficient affidavit of defense in case of M. J. Dunn and Milton S. Rodenberg, copartners, trading as Dunn & Rodenberg, v. Pittsburg Jewelry Manufacturing Company. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 2, April T., 1910, by defendant, from order of C. P. No. 4, Allegheny Co., First T., 1909, No. 249, making absolute rule for judgment for want of a sufficient affidavit of defense in case of M. J. Dunn and Milton S. Rodenberg, copartners, trading as Dunn & Rodenberg, v. Pittsburg Jewelry Manufacturing Company. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was order of the court making absolute rule for judgment for want of a sufficient affidavit of…
1Opinion of the Court
Opinion by
Morrison, J.,
In this action of assumpsit for the price of goods sold and delivered, it is not disputed that plaintiff’s declaration was sufficient and it called for an affidavit of defense. Upon rule and argument, the court below held the affidavit insufficient and' refused to permit a supplemental affidavit to be filed because the defendant’s counsel failed to comply with the rule and order of the court upon that subject. The sole question for determination is raised by the single specification of error: “That the court erred in making absolute the rule for judgment for want of a…
2Cases cited7 opinions
- Gould & Co. v. Gage, Hitchcock & Co.Supreme Court of Pennsylvania · 1888
- Kaufman & Co. v. Cooper Iron Mining Co.Supreme Court of Pennsylvania · 1884
- Genesee Paper Co. v. BogertSuperior Court of Pennsylvania · 1903
- Dailey v. GreenSupreme Court of Pennsylvania · 1850
- Ogden v. BeattySupreme Court of Pennsylvania · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Digestive Ferments Co. v. American Chemical LaboratoriesSuperior Court of Pennsylvania · 1923
- Overstreet v. Miller, Pennsylvania Court of Common Pleas, Westmoreland County1921