Loeser v. Erie City Rag Warehouse
Superior Court of Pennsylvania
Appeal, No. 34, April T., 1899, by defendants, from judgment of C. P. Erie Co., May T., 1898, No. 96, in favor of plaintiff, for want of a sufficient affidavit of defense, which the court below on motion refused to open. Opinion by W. W. Porter, J. Assumpsit. Before Wadding, P. J. It appears from the record that this suit was brought upon the acceptances of two drafts, drawn on the defendant by the plaintiff to his own order.
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Appeal, No. 34, April T., 1899, by defendants, from judgment of C. P. Erie Co., May T., 1898, No. 96, in favor of plaintiff, for want of a sufficient affidavit of defense, which the court below on motion refused to open. Opinion by W. W. Porter, J. Assumpsit. Before Wadding, P. J. It appears from the record that this suit was brought upon the acceptances of two drafts, drawn on the defendant by the plaintiff to his own order. The substance of the affidavit of defense sufficiently appears in the opinion of the court. Judgment for plaintiff for $465.29 with interest. Defendants appealed. Error…
1Opinion of the Court
Opikioe by
William W. Porter, J.,
This suit is brought upon acceptances of two drafts, drawn on the defendant by the plaintiff to his own order, both at ninety days, dated November 18, 1897, and December 10, 1897, and accepted respectively on November 20,1897, and December 13, 1897. Rights of third parties have not intervened. The defense is set-off. Such a claim must be alleged in an affidavit of defense with exactness as to source, character and amount. We have so held more than once: Close v. Hancock, 3 Pa. Superior Ct. 207; Anderson v. Williams, 10 Pa. Superior Ct. 329. In the case last…
2Cases cited4 opinions
- Markley v. StevensSupreme Court of Pennsylvania · 1879
- Real Estate Saving Institution v. LinderSupreme Court of Pennsylvania · 1874
- Close v. HancockSuperior Court of Pennsylvania · 1897
- Anderson v. WilliamsSuperior Court of Pennsylvania · 1899
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- Law v. WaldronSupreme Court of Pennsylvania · 1911
- Baker v. TustinSupreme Court of Pennsylvania · 1914
- Meguire v. GallagherSuperior Court of Pennsylvania · 1926
- Berko v. Kemper Construction Co.Superior Court of Pennsylvania · 1917
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