Legal Opinion

Gimbel Bros. v. Weaver

Superior Court of Pennsylvania

Decided February 28, 1919No. Appeal, No. 21PublishedCited by 2 opinions

Appeal, No. 21, Oct. T., 1918, by defendant, from judgment of C. P. No'. 4, Philadelphia Co., March T., 1916, No. 3404, in favor of plaintiff for want of a sufficient affidavit of defense, in case of Gimbel Brothers, Incorporated, v. Ida E. Weaver. Assumpsit on book account. Before Finletter, J. The opinion of the Superior Court states the case. Buie for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 21, Oct. T., 1918, by defendant, from judgment of C. P. No'. 4, Philadelphia Co., March T., 1916, No. 3404, in favor of plaintiff for want of a sufficient affidavit of defense, in case of Gimbel Brothers, Incorporated, v. Ida E. Weaver. Assumpsit on book account. Before Finletter, J. The opinion of the Superior Court states the case. Buie for judgment for want of a sufficient affidavit of defense. Error assigned was in entering judgment for want of a sufficient affidavit of defense.

1Opinion of the Court

Opinion by

Orlady, P. J.,

The accounts between these parties required careful examination of many items, and to fairly understand the affidavit of defense, the copy of the book accounts is necessary. It is vague and indefinite, and while the defendant challenges the accuracy of the accounts as kept by the plaintiff, and avers that she is unable to set forth a statement of the true account between her and the defendant, she does not allege that she had made any request for an examination of the original account, but avers in a lumping item that, there is due her the sum of $16 on settlement. As…

2Cases cited1 opinion

  1. Leas v. HaferSuperior Court of Pennsylvania · 1909

3Cited by2 opinions

  1. Wedow v. Penn Products Co., Pennsylvania Court of Common Pleas, Lancaster County1922
  2. Wittgenstein v. Boback, Pennsylvania Court of Common Pleas, Northumberland County1936

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