Reber v. Ellis Bros.
District Court, E.D. Pennsylvania
At Law. Actioii by J. Howard Reber, trustee in bankruptcy, against Ellis Bros. On motion to vacate rule to file affidavit of defense.
1Opinion of the Court
J. B. McPHERSON, District Judge.
This is a suit based upon a preferential transfer of goods. It is brought in assumpsit to recover their value, and, as the Pennsylvania procedure act of 1887 (P. L-272) requires an affidavit of' defense in that form of action, the plaintiff entered a rule for such affidavit. The defendants moved to vacate the rule on the ground that the action should have been trespass (in substance, an action of trover), in which form no affidavit is required. The statement of claim avers clearly all the elements of a preference, and the plaintiff’s position is that assumpsit…
2Cases cited6 opinions
- Steamship Co. v. JoliffeSupreme Court of the United States · 1865
- Hertzog v. HertzogSupreme Court of Pennsylvania · 1857
- Cohen v. SmallAppellate Division of the Supreme Court of the State of New York · 1907
- City of Philadelphia v. Atlantic & P. Tel. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1901
- Harris v. ChristianSupreme Court of Pennsylvania · 1849
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3Cited by1 opinion
- Foster v. ZellmanDistrict Court, D. Massachusetts · 1928