Cochran v. Slomkowski
Superior Court of Pennsylvania
Appeal, No. 246, Oct. T., 1904, by defendant, from order of O. P. No. 5, Phila. Co., June T., 1905, No. 3160, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Andrew Cochran v. Joseph Slomkowski. Assumpsit for balance alleged to be due on a contract. Rule for judgment for want of a sufficient affidavit of defense. The averments of the affidavit of defense are set forth in the opinion of the Superior Court.
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Appeal, No. 246, Oct. T., 1904, by defendant, from order of O. P. No. 5, Phila. Co., June T., 1905, No. 3160, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Andrew Cochran v. Joseph Slomkowski. Assumpsit for balance alleged to be due on a contract. Rule for judgment for want of a sufficient affidavit of defense. The averments of the affidavit of defense are set forth in the opinion of the Superior Court. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff declared on a contract in writing for a balance due on the price of the personal property described in the contract. The defendant alleges in the affidavit of defense that he delivered to the plaintiff two checks on the National Security Bank of Philadelphia for filOO and $250 respectively, “ which said checks the plaintiff then and there accepted in full payment and satisfaction of all claims and demands of the defendant for the balance due on the articles mentioned in the incorrect copy of the agreement attached to plaintiff’s statement.” This is a…
2Cases cited3 opinions
- Hunter v. MoulSupreme Court of Pennsylvania · 1881
- League v. Waring & Co.Supreme Court of Pennsylvania · 1877
- Farmers' National Bank v. MarshallSuperior Court of Pennsylvania · 1899
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- Wedmore v. McInnesSuperior Court of Pennsylvania · 1918
- Corry Metal Corp. v. Martin Screen & Metal Weatherstrip Co., Pennsylvania Court of Common Pleas, Lancaster County1934