Farmers Deposit National Bank v. Western Pennsylvania Fuel Co.
Supreme Court of Pennsylvania
Appeal, No. 24, Oct. T., 1906, by defendant, from judgment of Superior Ct., April T., 1905, No. 183, affirming order of C. P. No. 3, Allegheny Co., May T., 1904, No. 487, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Farmers Deposit National Bank of Pittsburg v. Western Pennnsylvania Fuel Company. Appeal from Superior Court. See 29 Pa. Superior Ct. 69. Error assigned was judgment of the Superior Court.
1Opinion of the Court
Opinion ey
Mr. Justice Potter,
The plaintiff in this case brought an action of assumpsit to recover rent, claimed to be due by the defendant for offices in its building known as the Farmers Bank Building, Pittsburg. Defendant in its affidavit of defense, admitted the contract and the nonpayment of the rent claimed. But it alleged, that it had abandoned the premises and surrendered them to plaintiff before the rent accrued, and that plaintiff had refused to accept the surrender. It further alleged as a defense that plaintiff was a corporation organized and chartered under the national banking…
2Cases cited5 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- National Bank v. WhitneySupreme Court of the United States · 1881
- Schuyler National Bank v. GadsdenSupreme Court of the United States · 1903
- Gleim v. RiseSupreme Court of Pennsylvania · 1837
- Howard v. MurphySupreme Court of Pennsylvania · 1854
3Cited by11 opinions
- Fourth Nat. Bank of Nashville v. StahlmanTennessee Supreme Court · 1915
- McRoberts v. StadelmanSuperior Court of Pennsylvania · 1951
- Silvis v. Peoples Natural Gas Co.Supreme Court of Pennsylvania · 1956
- Grant v. BriskinSupreme Court of Rhode Island · 1992
- Babcock Lumber Co. v. AllisonSuperior Court of Pennsylvania · 1939
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