McAvoy & McMichael, Ltd. v. Commonwealth Title Insurance & Trust Co.
Superior Court of Pennsylvania
Appeal, No. 177, Oct. T., 1904, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1902, ■ No. 2646, on verdict for plaintiff -in case of McAvoy & McMichael, Limited, v. Commonwealth Title Insurance & Trust Company. Assumpsit for money had and received. At the trial it appeared that the action was based upon the following paper: “June 27, 1902. “ Messrs.
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Appeal, No. 177, Oct. T., 1904, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1902, ■ No. 2646, on verdict for plaintiff -in case of McAvoy & McMichael, Limited, v. Commonwealth Title Insurance & Trust Company. Assumpsit for money had and received. At the trial it appeared that the action was based upon the following paper: “June 27, 1902. “ Messrs. McAvoy & McMichael, “ 27th & Dickinson Sts., “ Dear Sirs: — The Commonwealth T. I. & T. Co. has set aside the sum of $1,590, out of the fund deposited with it in application No. 60015 to 24, to be payable to your order from…
1Opinion of the Court
Opinion by
Mobbison, J.,
In this action of assumpsit the plaintiff avers a right to recover from the defendant the price and value of a quantity of bricks, sold and delivered upon a contract to John M. Whelan. It further avers that Whelan placed in the hands of the defendant a sum of money sufficient to pay the claim and that this money remained in the hands of the defendant and upon demand made, payment was refused.
The defendant company filed an affidavit of defense which did not deny the delivery of the bricks claimed for in this suit. In short, the affidavit of defense, which was put in…
2Cases cited7 opinions
- Hertzog v. HertzogSupreme Court of Pennsylvania · 1857
- Blymire v. BoistleSupreme Court of Pennsylvania · 1837
- Hind v. HoldshipSupreme Court of Pennsylvania · 1833
- Pittsburg Terra-Cotta Lumber Co. v. SharpSupreme Court of Pennsylvania · 1899
- Justice v. TallmanSupreme Court of Pennsylvania · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- McBride v. Western Pennsylvania Paper Co.Supreme Court of Pennsylvania · 1919
- Commonwealth v. RushSupreme Court of Pennsylvania · 1923
- Greenwich Bank v. Commercial Banking Corp.Superior Court of Pennsylvania · 1924
- First National Bank v. Carroll TownshipSuperior Court of Pennsylvania · 1942
- Abrams v. UenkingSuperior Court of Pennsylvania · 1923
7 more not listed; retrieve them via the Exa API.