Kidder Elevator Interlock Co. v. Muckle
Supreme Court of Pennsylvania
Appeal, No. 312, Jan. T., 1900, by plaintiff, from order of C. P. No. 2, Pbila. Co., March T., 1900, No. 784, discharging rule for judgment for want of a sufficient affidavit of defense in case of Kidder Elevator Interlock Company v. M. R. Muckle et ah, trading as M. R. Muckle, Jr., & Company. Rule for judgment for want of a sufficient affidavit of defense.
Read the full summary
Appeal, No. 312, Jan. T., 1900, by plaintiff, from order of C. P. No. 2, Pbila. Co., March T., 1900, No. 784, discharging rule for judgment for want of a sufficient affidavit of defense in case of Kidder Elevator Interlock Company v. M. R. Muckle et ah, trading as M. R. Muckle, Jr., & Company. Rule for judgment for want of a sufficient affidavit of defense. From the record it appeared that on December 31, 1895, plaintiff entered into a written contract with defendants whereby it assigned all its patents to defendants, and defendants agreed to “pay to the said company five dollars per floor…
1Opinion of the Court
Per Curiam,
This is an action of assumpsit in which the plaintiffs obtained *390a rule for judgment to the amount of $1,850. Upon due consideration by the court the rule was discharged. The plaintiffs then appealed to this court alleging that the affidavit of defense is insufficient. An order discharging a rule for judgment for want of a sufficient affidavit of defense will not be reversed by the Supreme Court in doubtful and uncertain cases, but only such as are very clear and free of doubt: Ensign et al. to use of Paine v. Kindred, 163 Pa. 638. In Ætna Ins. Co. v. Confer, 158 Pa. 604, it was…
2Cases cited2 opinions
- Ætna Ins. v. ConferSupreme Court of Pennsylvania · 1893
- Ensign ex rel. Paine v. KindredSupreme Court of Pennsylvania · 1894
3Cited by22 opinions
- Rhodes v. TerheydenSupreme Court of Pennsylvania · 1922
- Moore v. Luzerne CountySupreme Court of Pennsylvania · 1918
- Franklin Sugar Refining Co. v. Lykens Mercantile Co.Supreme Court of Pennsylvania · 1922
- Rudman Et Ux. v. City of ScrantonSuperior Court of Pennsylvania · 1934
- Wilson v. Bryn Mawr Trust Co.Supreme Court of Pennsylvania · 1909
17 more not listed; retrieve them via the Exa API.