Falconi v. Magee
Superior Court of Pennsylvania
Appeal, No. 151, April T., 1911, by plaintiff, from order of C. P. No. 1, Allegheny Co., Dec. T., 1908, No. 554, discharging rule for judgment for want of a sufficient affidavit of defense in case of Fiori Falconi v. Christopher Magee,' Jr., and the Guardian Trust Company. Assumpsit for the amount of a check. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 151, April T., 1911, by plaintiff, from order of C. P. No. 1, Allegheny Co., Dec. T., 1908, No. 554, discharging rule for judgment for want of a sufficient affidavit of defense in case of Fiori Falconi v. Christopher Magee,' Jr., and the Guardian Trust Company. Assumpsit for the amount of a check. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Morrison, J.,
This case was commenced by the plaintiff filing a bill in equity to No. 554, December Term, 1908, in common pleas No. 1 of Allegheny county. A demurrer to the bill was sustained on the ground that the plaintiff had an adequate remedy at law. On motion of plaintiff’s counsel the case was subsequently certified to the law side of the court and there set down for trial as a case at law, against said Christopher Magee, Jr., the bill to stand as a statement of the plaintiff’s cause of action and the defendant again filed a demurrer which the court overruled and fifteen days…
2Cases cited4 opinions
- Gunster v. Scranton Illuminating, Heat & Power Co.Supreme Court of Pennsylvania · 1897
- Welsh v. . German American BankNew York Court of Appeals · 1878
- United Security Life Insurance & Trust Co. v. Central National BankSupreme Court of Pennsylvania · 1898
- Houser v. National Bank of ChambersburgSuperior Court of Pennsylvania · 1905
3Cited by2 opinions
- Rodgers v. FlemingSupreme Court of Pennsylvania · 1936
- Massey v. Bohn, Pennsylvania Court of Common Pleas, Berks County1923