Bond v. Stoughton
Superior Court of Pennsylvania
Appeal, No. 58, Oct. T., 1904, by-plaintiff, from order of O. P. No. 5, Phila. Co., Sept. T., 1908, No. 1658, discharging rule for judgment for want of a sufficient affidavit of defense in case of Charles Bond, Augustus B. Stoughton and Frank E. Frend, who were sued with Elbert A. Corbin, Elbert A. Corbin, Jr., and George H. Jones, trading as Jones-Corbin Company. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 58, Oct. T., 1904, by-plaintiff, from order of O. P. No. 5, Phila. Co., Sept. T., 1908, No. 1658, discharging rule for judgment for want of a sufficient affidavit of defense in case of Charles Bond, Augustus B. Stoughton and Frank E. Frend, who were sued with Elbert A. Corbin, Elbert A. Corbin, Jr., and George H. Jones, trading as Jones-Corbin Company. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The material averments of the statement of claim and the affidavit of defense are set forth in the opinion of the Superior…
1Opinion of the Court
Opinion by
Mobrison, J.,
This is an appeal by the plaintiff from the judgment of the court below discharging his rule for judgment for want of a sufficient affidavit of defense.
The plaintiff avers that the Jones-Corbin Company was duly incorporated and organized in February, 1903, under the laws of West Virginia; that said company from February 26, 1903, to August 5, 1903, maintained its principal office and factory in the city of Philadelphia and was during that time engaged in business in the commonwealth of Pennsylvania without having complied with the provisions of the Act of April 22,…
2Cases cited4 opinions
- Merrick v. . Van SantvoordNew York Court of Appeals · 1866
- Lasher v. Stimson, Pennsylvania Court of Common Pleas, Philadelphia County1892
- Guckert v. HackeSupreme Court of Pennsylvania · 1893
- Spahr v. Farmers' BankSupreme Court of Pennsylvania · 1880
3Cited by3 opinions
- Bala Corporation v. McGlinnSupreme Court of Pennsylvania · 1928
- Stephenson v. DodsonSuperior Court of Pennsylvania · 1908
- Walsh v. HallsteadSuperior Court of Pennsylvania · 1940