Philadelphia, Germantown & Norristown Railroad v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 13, Jan. T., 1920, by defendant, from order of C. P. No. 4, Phila. Co., June T., 1918, No. 3420, making absolute rule for judgment for want of a sufficient affidavit of defense in the case of Philadelphia, Germantown and Norristown Railroad Company v. Philadelphia & Reading Railway Company. Assumpsit to recover $11,976.75 for reimbursement on account of corporation excess profits tax assessed plaintiff by United States government.
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Appeal, No. 13, Jan. T., 1920, by defendant, from order of C. P. No. 4, Phila. Co., June T., 1918, No. 3420, making absolute rule for judgment for want of a sufficient affidavit of defense in the case of Philadelphia, Germantown and Norristown Railroad Company v. Philadelphia & Reading Railway Company. Assumpsit to recover $11,976.75 for reimbursement on account of corporation excess profits tax assessed plaintiff by United States government. Defendant, by its affidavit of defense, claimed that plaintiff should not have paid any excess profits tax because it was not engaged in business, its…
1Opinion of the Court
Per Curiam,
This judgment is affirmed on the opinion of the court below making the rule for it absolute. The judgment in *328Philadelphia City Passenger Railway Company v. Philadelphia Rapid Transit Company was affirmed by this court in an opinion filed February 17, 1919, 26B Pa. 561.
Judgment affirmed.
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