Legal Opinion

Blair v. Ford China Co.

Superior Court of Pennsylvania

Decided October 17, 1904No. Appeal, No. 94PublishedCited by 2 opinions

Appeal, No. 94, April T., 1904, by defendant, from judgment of C. P. Armstrong Co., March T., 1902, No. 52, on verdict for plaintiff in case of Frank L. Blair, et al. v. Ford China Company. Assumpsit for goods sold and delivered. Before Patton, P. J. The facts appear by the opinion of the Superior Court. The court charged in part as follows: [As I understand the evidence, but that is entirely for the jury, this bill of the plaintiffs is not disputed.

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Appeal, No. 94, April T., 1904, by defendant, from judgment of C. P. Armstrong Co., March T., 1902, No. 52, on verdict for plaintiff in case of Frank L. Blair, et al. v. Ford China Company. Assumpsit for goods sold and delivered. Before Patton, P. J. The facts appear by the opinion of the Superior Court. The court charged in part as follows: [As I understand the evidence, but that is entirely for the jury, this bill of the plaintiffs is not disputed. There is no evidence in the case as to the discounts. As to these other matters, if I recall the testimony, all these goods were ordered and…

1Opinion of the Court

Opinion by

Porter, J.,

The plaintiffs had filed with their statement a copy of their account as taken from their book- of original en-try, including the items of credit, the whole verified by affidavit. Section 4 of rule 3 of the court below provides that when a copy of the account is so filed, the same shall be admitted in evidence on the- trial, unless the defendant, by affidavit filed with or before the plea filed by him, shall state that he has had no such dealings with the plaintiff as those stated in the account filed; and section 6 of the same rule provides that when a plaintiff shall…

2Cases cited7 opinions

  1. Unexcelled Fire-Wks. Co. v. PolitesSupreme Court of Pennsylvania · 1890
  2. Tete Bros. v. EshlerSuperior Court of Pennsylvania · 1899
  3. Jones v. Jennings Bros. & Co.Supreme Court of Pennsylvania · 1895
  4. Puritan Coke Co. v. ClarkSupreme Court of Pennsylvania · 1903
  5. Baltimore Brick Co. v. CoyleSuperior Court of Pennsylvania · 1901

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Jacobsohn v. CareySuperior Court of Pennsylvania · 1915
  2. Roberts v. WhiteSupreme Court of Rhode Island · 1911

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