Lehigh Coal & Navigation Co. v. Blakeslee
Supreme Court of Pennsylvania
Appeal, No. 26, Jan. T., 1898, by plaintiff, from order of C. P. No. 4, Phila. Co., Dec. T., 1897, No. 48, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit upon a guaranty. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 26, Jan. T., 1898, by plaintiff, from order of C. P. No. 4, Phila. Co., Dec. T., 1897, No. 48, discharging rule for judgment for want of a sufficient affidavit of defense. Assumpsit upon a guaranty. Rule for judgment for want of a sufficient affidavit of defense. The facts appear by the opinion of Arnold, P. J., which was as follows; On September 10,1890, the defendant, while acting as broker for John R. Baker, Jr., who was then in good repute, was requested by Mr. Baker to guarantee the signature of his grandmother, Elizabeth Baker, to an irrevocable power of attorney to transfer…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
That the question presented by the appeal was carefully con*18sidered by the learned president of the common pleas clearly appears in his opinion. It is admitted therein that a diligent effort was made by court and counsel to find a case plainly corresponding in its facts with the case at bar, and that they were unable to do so. The counsel, however, cited cases in which they claimed that, questions analogous to the question under consideration were discussed and determined. But these cases were not all alike in their facts, nor were the questions decided in them…
2Cases cited3 opinions
- Moore v. JuvenalSupreme Court of Pennsylvania · 1880
- Owen v. Western Saving FundSupreme Court of Pennsylvania · 1881
- Binney v. BrownSupreme Court of Pennsylvania · 1887
3Cited by3 opinions
- Woodland Oil Co. v. A. M. Byers & Co.Supreme Court of Pennsylvania · 1909
- Stockholders Investment Co. v. Town of BrooklynSupreme Court of Iowa · 1933
- Fourth Nat. Bank in Wichita, Kan. v. Gainesville Nat. BankCourt of Appeals for the Fifth Circuit · 1935