Carnahan Stamping & Enameling Co. v. Foley
Superior Court of Pennsylvania
Appeal, No. 126, Oct. T., 1903, by defendant, from order of O. P. No. 3, Phila. Go., March T., 1903, No. 3598, making absolute rule for judgment for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. The facts appear by the opinion of the Superior Court. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Henderson, J.,
Numerous cases decided by the Supreme Court and by this court support the rule concisely stated in Loeser v. Erie City Rag Warehouse, 10 Pa. Superior Ct. 542: “ Allegations of set-off in general terms are not to be regarded. The averments must be as specific as those used in a statement of claim. The defendant in respect to a claim of set-off is the actor. ' He may defalk an amount less than, equal to, or in excess of the claim of the plaintiff, and, should the case go to a jury, demand a certificate in his favor. He has the affirmative of the issue. There can be no…
2Cited by4 opinions
- Snyder v. LingoSuperior Court of Pennsylvania · 1906
- Caven-Williamson Ammonia Co. v. Ice Manufacturing Co.Superior Court of Pennsylvania · 1905
- Evans v. LyonSuperior Court of Pennsylvania · 1907
- McFetridge v. MegargeeSuperior Court of Pennsylvania · 1904