Myers v. Kipp
Superior Court of Pennsylvania
Appeal, No. 34, Oct. T., 1901, by defendant, from order of C. P. No. 2, Phila. Co., Dec. T., 1900, No. 132, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of David J. Myers v. Burton E. Kipp. Assumpsit upon a duebill. The duebill is quoted in the opinion of the Superior Court.
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Appeal, No. 34, Oct. T., 1901, by defendant, from order of C. P. No. 2, Phila. Co., Dec. T., 1900, No. 132, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of David J. Myers v. Burton E. Kipp. Assumpsit upon a duebill. The duebill is quoted in the opinion of the Superior Court. The defendant filed the following affidavit of defense: Burton E. Kipp, being duly sworn according to law, deposes and "says that he has a just and true defense to a par.t of the plaintiffs claim, of the following nature and character, to wit.: Defendant avers and expects to be…
1Opinion of the Court
Opinion by
Rice, P. J.,
This is an appeal from a judgment for want of a sufficient affidavit of defense in an action upon the following instrument for the payment of money: “Philadelphia, June 5, 1899. Due. D. J. Myers, trustee, eight hundred and forty-six dollars and fifty cents, payable at any time within eighteen months. To secure which I have deposited nine shares of the capital stock of the Sikes Company on which I have reserved the right to vote. Payable with interest.” The* affidavit of defense alleges, inter alia, that “your defendant was requested to give and did give the note or…
2Cases cited6 opinions
- Wodock v. RobinsonSupreme Court of Pennsylvania · 1892
- Class v. Kingsley, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Commonwealth v. JuliusSupreme Court of Pennsylvania · 1896
- Callan v. LukensSupreme Court of Pennsylvania · 1879
- Clark v. PartridgeSupreme Court of Pennsylvania · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hitchner Wall Paper & Paint Co. v. ShoemakerSuperior Court of Pennsylvania · 1921
- Patton v. FoxSuperior Court of Pennsylvania · 1903
- City Trust & Savings Bank v. SchwartzSuperior Court of Pennsylvania · 1914
- Tranter Davison Manufacturing Co. v. Pittsburg Trolley Pole Co.Superior Court of Pennsylvania · 1903