West Point Cotton Mills v. Blythe
Superior Court of Pennsylvania
Appeal, No. 123, Oct. T., 1905, by-defendant, from order of C. P. No. 2, Phila. Co., Dec. T., 1904, No. 4337, making absolute rule for judgment for waiit of a sufficient affidavit of defense in case of West Point Cotton Mills v. Richard A. Blythe. Assumpsit for goods sold and delivered.
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Appeal, No. 123, Oct. T., 1905, by-defendant, from order of C. P. No. 2, Phila. Co., Dec. T., 1904, No. 4337, making absolute rule for judgment for waiit of a sufficient affidavit of defense in case of West Point Cotton Mills v. Richard A. Blythe. Assumpsit for goods sold and delivered. Defendant’s affidavit of defense was as follows: Deponent admits that on December 2 or 3, 1903, the plaintiff consigned to the defendant the yarn mentioned in the statement of claim, and further admits that after the sale of said yarn, and after deduction for discount and commission, as set forth in the…
1Opinion of the Court
Opinion by
Henderson, J.,
The correctness of the plaintiff’s claim is admitted in the affidavit of defense. The defense consists of an alleged set-off, and an accord and satisfaction. It is very clear that the averment of the affidavit that a check sent to the plaintiff was accepted in full of all accounts was not intended as an assertion that the plaintiff had agreed to so accept. It is the defendant’s conclusion from the facts. The plaintiff received the check and used it. It was' accompanied by another paper containing a statement of the defendant’s account with the plaintiff in which a…
2Cases cited1 opinion
- Ziegler v. McFarlandSupreme Court of Pennsylvania · 1892
3Cited by6 opinions
- Bernstein v. HirschSuperior Court of Pennsylvania · 1907
- Polin v. WeisbrotSuperior Court of Pennsylvania · 1913
- Philadelphia, Baltimore & Washington Railroad v. WalkerSuperior Court of Pennsylvania · 1911
- Alfred M. Slocum Co. v. St. ClairSuperior Court of Pennsylvania · 1912
- Rothschild v. Trexler Co.Superior Court of Pennsylvania · 1923
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