Parker v. Shoemaker
Superior Court of Pennsylvania
Appeal, No. 277, Oct. T., 1909, by defendant, from order of C. P. No. 3, Phila. Co., June Term, 1909, No. 2,259, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Gilbert P. Parker, trading as the Northwest Storage and Trust Company, v. John Y. Shoemaker. Assumpsit for hauling, cleaning and storing property.
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Appeal, No. 277, Oct. T., 1909, by defendant, from order of C. P. No. 3, Phila. Co., June Term, 1909, No. 2,259, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Gilbert P. Parker, trading as the Northwest Storage and Trust Company, v. John Y. Shoemaker. Assumpsit for hauling, cleaning and storing property. From the record it appeared that the amount of the claim was for $58.25. The defendant filed an affidavit of defense in which he averred, inter alia, as follows: That it is true that the defendant requested the plaintiff to deliver the goods placed…
1Opinion of the Court
Opinion by
Beaver, J.,
Plaintiff claimed for the hauling, cleaning and storage of certain personal property. Defendant admitted the claim, but alleged that a portion of the property taken out of his possession had not been returned and that the value of the property which the plaintiff failed to return was greater than his bill and that he, therefore, had a defense for an amount greater than the plaintiff’s claim.
The affidavit raises a simple question of fact. It is clearly raised and it seems to us that the affidavit is sufficient to raise a question for a jury and that the rule for judgment…
2Cases cited2 opinions
- Deihm v. SnellSupreme Court of Pennsylvania · 1888
- Leech v. BaldwinSupreme Court of Pennsylvania · 1836