Shaffer v. Federal Cement Co.
District Court, E.D. Pennsylvania
At ¿aw. Assumpsit by William B. Shaffer against the _ Federal Cement Company. On rule for judgment for want of sufficient affidavit of defense.
1Opinion of the Court
DICKINSON, District Judge.-
[1] This is in substance an action of debt. In any such actions, one or both of two questions may arise, which in a sense are merged into one. The two questions are: The one, does the defendant owe the claimed debt? The other, does he owe it to the plaintiff? The merger results in the query: What, if anything, does he owe the plaintiff? In all legal actions these questions are distinct and separate, and differ in kind and character.
!¡2J The practice which prevails in Pennsylvania of administering equity through legal forms permits equitable defenses to be presented…
2Cited by5 opinions
- In re TooleDistrict Court, S.D. New York · 1920
- Novoprutsky v. Morris Plan Co.Supreme Court of Pennsylvania · 1935
- Falvey v. Foreman-State Nat. BankCourt of Appeals for the Seventh Circuit · 1939
- General Motors Acceptance Corp. v. HigginsDistrict Court, S.D. New York · 1945
- Federal Cement Co. v. ShafferCourt of Appeals for the Third Circuit · 1916