Legal Opinion

Rafferty v. Klein

Supreme Court of Pennsylvania

Decided February 19, 1917No. Appeal, No. 165PublishedCited by 17 opinions

Appeal, No. 165, Oct. T., 1916, by defendant, from judgment of O. P. Allegheny Co., Jan. T., 1914, No. 2316, for want of a sufficient affidavit of defense, in case of Gilbert T. Rafferty v. Joseph Klein. Assumpsit on bond. Rule for judgment for want of a sufficient affidavit of defense. Before Haymaker, J. The opinion of the Supreme Court states the facts. The court made absolute plaintiff’s rule for judgment for want of a sufficient affidavit of defense. Defendant appealed.

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Appeal, No. 165, Oct. T., 1916, by defendant, from judgment of O. P. Allegheny Co., Jan. T., 1914, No. 2316, for want of a sufficient affidavit of defense, in case of Gilbert T. Rafferty v. Joseph Klein. Assumpsit on bond. Rule for judgment for want of a sufficient affidavit of defense. Before Haymaker, J. The opinion of the Supreme Court states the facts. The court made absolute plaintiff’s rule for judgment for want of a sufficient affidavit of defense. Defendant appealed. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Me. Justice Walling,

This is an action on a bond given by a surety to secure payment of rent.

On October 2, 1911, the plaintiff, Gilbert T. Rafferty, leased to one Moritz L. Roth the premises known as No. 221 Fifth avenue, Pittsburgh, for the term of four years and seven months, at the rental of $1,250 per month for the first three months, and $1,629.40 per month for the balance of the term, making the total rental $88,476. At the same time the defendant, Joseph Klein, executed a bond to plaintiff in the sum of $4,000, conditioned for the faithful performance by the lessee of all the…

2Cases cited5 opinions

  1. Leftwitch v. LecanuSupreme Court of the United States · 1867
  2. Auer v. PennSupreme Court of Pennsylvania · 1880
  3. Morrison v. WarnerSupreme Court of Pennsylvania · 1900
  4. Brown v. GourleySupreme Court of Pennsylvania · 1906
  5. Binswanger v. DeardenSupreme Court of Pennsylvania · 1890

3Cited by17 opinions

  1. Ralph v. DeileySupreme Court of Pennsylvania · 1928
  2. Casper Nationak Bank v. CurryWyoming Supreme Court · 1937
  3. Plummer v. WilsonSupreme Court of Pennsylvania · 1936
  4. Brill v. HaifetzSuperior Court of Pennsylvania · 1945
  5. McShain v. Indemnity Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1940

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