McFetridge v. Megargee
Superior Court of Pennsylvania
Appeal No. 26, Oct. T., 1904, by defendant, from order of C. P. No. 1, Phila. Co., Sept. T. 1903, No. 3727, making absolute rule for judgment for want of a sufficient affidavit of defense, in case of John R. McFetridge & Sous v. Louis N. Megargee trading as Seen and Heard Publishing Company. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the facts.
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Appeal No. 26, Oct. T., 1904, by defendant, from order of C. P. No. 1, Phila. Co., Sept. T. 1903, No. 3727, making absolute rule for judgment for want of a sufficient affidavit of defense, in case of John R. McFetridge & Sous v. Louis N. Megargee trading as Seen and Heard Publishing Company. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the facts. Error assigned was the order of the court. cited: Deacon v. Smaltz, 10 Pa. Superior Ct. 151; Muir v. Accident Ins. Co., 203 Pa. 338; Publishing Co. v. Hartranft, 3 Pa. Superior Ct. 59;…
1Opinion of the Court
Opinion by
Beaver, J.,
In the court below plaintiff sought to recover from the defendant for a balance due upon a book account for work and labor done, materials furnished and merchandise sold and delivered to the defendant, amounting to $9,889.72, and, allowing credits of $9,312.06, leaving a balance of $577.66. Defendant filed an affidavit of defense, in which he claimed, in addition to the credits allowed by the plaintiff, a payment of $100 in cash, advertising $90.00 and for paper furnished by the defendant, to be used by the plaintiff in his behalf, which *503had been converted to its own use,…
2Cases cited4 opinions
- Loeser v. Erie City Rag WarehouseSuperior Court of Pennsylvania · 1899
- Fleisher v. BlackburnSuperior Court of Pennsylvania · 1900
- Anderson v. WilliamsSuperior Court of Pennsylvania · 1899
- Carnahan Stamping & Enameling Co. v. FoleySuperior Court of Pennsylvania · 1903