Vogue Co. v. John C. Winston Co.
Superior Court of Pennsylvania
Appeal, No. 290, Oct. T., 1920, by plaintiff, from judgment of C. P. No. 5, Pbila. Co., Dec. T., 1918, No. 1949, discharging rule for judgment for want of a sufficient affidavit of defense in the case of the Vogue Company v. The John C. Winston Company. Assumpsit to recover royalties paid by plaintiff. The facts are stated in the opinion of the Superior Court. Rule for judgment for want of a sufficient affidavit of defense. The court discharged the rule. Plaintiff: appealed.
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Appeal, No. 290, Oct. T., 1920, by plaintiff, from judgment of C. P. No. 5, Pbila. Co., Dec. T., 1918, No. 1949, discharging rule for judgment for want of a sufficient affidavit of defense in the case of the Vogue Company v. The John C. Winston Company. Assumpsit to recover royalties paid by plaintiff. The facts are stated in the opinion of the Superior Court. Rule for judgment for want of a sufficient affidavit of defense. The court discharged the rule. Plaintiff: appealed. Error assigned was the order of the court. cited: Adams y. Kuehn, 119 Pa. 76; Hogg y. Longstreth, 97 Pa. 255; Hosier’s…
1Opinion of the Court
Opinion by
Henderson, J.,
When the plaintiff brought this action it proceeded on the assumption that the contract, by which Henry T. Coates & Company transferred to the defendant company all its business, including the right to publish the magazine, “House and Garden,” contained an obligation of the defendant to make an annual payment of $249 to Burrell, trustee for the former owners of the magazine. Not haying a copy of that contract, the plaintiff was compelled to rely on its understanding as to its contents in stating the cause of action. When the affidavit of defense came in, however, a…
2Cases cited5 opinions
- Blymire v. BoistleSupreme Court of Pennsylvania · 1837
- Adams v. KuehnSupreme Court of Pennsylvania · 1888
- Mosier's AppealSupreme Court of Pennsylvania · 1868
- Sweeney v. HoustonSupreme Court of Pennsylvania · 1914
- Cooper v. WaltherSuperior Court of Pennsylvania · 1910
3Cited by4 opinions
- Associated Hosp. Serv. of Phil. v. PustilnikSuperior Court of Pennsylvania · 1979
- Hampton v. Congress Building & Loan Ass'nSupreme Court of Pennsylvania · 1930
- Keith v. Aetna Life & Casualty Co., Pennsylvania Court of Common Pleas, Berks County1980
- Torado v. Commonwealth, Pennsylvania Court of Common Pleas, Westmoreland County1926