Steiner v. Turner
Superior Court of Pennsylvania
Appeal, No. 46, Oct. T., 1910, by defendant, from order of C. P. No. 1, Phila. Co., June Term, 1909, No. 645, making absolute rule for judgment and discharging rule to open a judgment, etc., in case of Henry Steiner et al., trading as William Steiner Sons & Company, v. C. S. Turner, trading as C. S. Turner & Company. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 46, Oct. T., 1910, by defendant, from order of C. P. No. 1, Phila. Co., June Term, 1909, No. 645, making absolute rule for judgment and discharging rule to open a judgment, etc., in case of Henry Steiner et al., trading as William Steiner Sons & Company, v. C. S. Turner, trading as C. S. Turner & Company. Rule for judgment for want of a sufficient affidavit of defense. Rule to strike off judgment and to permit defendant to file a supplemental affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was in making absolute rule for judgment and…
1Opinion of the Court
Opinion by
Henderson, J.,
The appellant presents two questions for our consideration. The first relates to the sufficiency of the affidavit *227of defense and the second, to the refusal of the court to open the judgment entered for want of a sufficient affidavit of defense and permit the defendant to file a supplemental affidavit. The action grows out of an order given by the defendant to the plaintiffs to manufacture 500,000 cigar bands of a special kind used by the defendant in the manufacture of cigars. The real question in the case is, Where was the place of delivery of the property under the…
2Cases cited5 opinions
- Terry v. . WheelerNew York Court of Appeals · 1862
- Commonwealth v. HessSupreme Court of Pennsylvania · 1892
- Henderson v. JenningsSupreme Court of Pennsylvania · 1910
- Pittsburg Glass Co. v. DoubledaySuperior Court of Pennsylvania · 1896
- Lynch v. O'DonnellMassachusetts Supreme Judicial Court · 1879
3Cited by2 opinions
- American Steel Foundries v. Metal Products Co.Superior Court of Pennsylvania · 1920
- Monticello Distilling Co. v. DannenhauerSuperior Court of Pennsylvania · 1911