Legal Opinion

Comly, Flanigan & Co. v. Simpson

Superior Court of Pennsylvania

Decided November 19, 1897No. Appeal, No. 136PublishedCited by 4 opinions

Appeal, No. 136, Oct. T., 1897, by-plaintiffs, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1896, No. 1180, for want of a sufficient affidavit of defense. Assumpsit for goods sold and delivered. The facts sufficiently appear in the opinion of the court. The court refused the rule for judgment for want of a sufficient affidavit of defense. Plaintiffs appealed. JError assigned was discharging plaintiffs’ rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 136, Oct. T., 1897, by-plaintiffs, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1896, No. 1180, for want of a sufficient affidavit of defense. Assumpsit for goods sold and delivered. The facts sufficiently appear in the opinion of the court. The court refused the rule for judgment for want of a sufficient affidavit of defense. Plaintiffs appealed. JError assigned was discharging plaintiffs’ rule for judgment for want of a sufficient affidavit of defense. Cipraino Andrade, Jr., with him Charles C. Lister, for appellants. — The language of an affidavit of defense should be…

1Opinion of the Court

Opinion by

Orlady, J.,

The plaintiff claims to recover “ for goods, to wit, groceries sold and delivered by the said plaintiff to the said defendant, at the defendant’s special instance and request, at the times and in the amounts specified in the following copy of plaintiff’s original account with the defendant, taken from the plaintiff’s book of original entries,” and he appends to the statement an account beginning November 9th and ending December 15,1896, aggregating the sum of $568.19. In the affidavit of defense filed, it is averred “ that he has purchased from the plaintiff during the…

2Cases cited1 opinion

  1. Hubbard v. FrenchSuperior Court of Pennsylvania · 1896

3Cited by4 opinions

  1. Law v. WaldronSupreme Court of Pennsylvania · 1911
  2. Baker v. TustinSupreme Court of Pennsylvania · 1914
  3. Reilly v. WhiteSupreme Court of Pennsylvania · 1912
  4. A. G. Breitweiser Lumber Co. v. CrickSuperior Court of Pennsylvania · 1913

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