Vulcanite Paving Co. ex rel. City of Philadelphia v. Philadelphia Traction Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1887, No. 72. This was an action of covenant brought by The Vulcanite Paving Company of Philadelphia, and The Barber Asphalt Paving Company of Washington, D. C., to the use of the city of Philadelphia against the Philadelphia Traction Company.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1887, No. 72. This was an action of covenant brought by The Vulcanite Paving Company of Philadelphia, and The Barber Asphalt Paving Company of Washington, D. C., to the use of the city of Philadelphia against the Philadelphia Traction Company. The following are the facts of the case as they appeared in the court below : On October 15th, 1884, the city of Philadelphia by their agents, the commissioners for the erection of the public buildings, made a contract with The Vulcanite Paving Company, of Philadelphia,…
1Opinion of the Court
Mr..Justice Sterrett
delivered the opinion of the court, March 14th, 1887.. Two questions are presented by this record: 1st. Whether the contract, on which suit was brought, is an instrument for the payment of money within the meaning of the affidavit of defence law of March 28th, 1835? 2d. If it is so, does the-affidavit of the company defendant disclose any defence that entitles it to a jury trial?
The second section of the Act provides-that, “In all actions .....on bills, notes, bonds and other instruments for the payment of money and for the recovery of book debts, in all-actions of…
2Cases cited3 opinions
- Mathews v. SharpSupreme Court of Pennsylvania · 1882
- McConeghy v. KirkSupreme Court of Pennsylvania · 1871
- Bank of the United States v. ThayerSupreme Court of Pennsylvania · 1841
3Cited by4 opinions
- Walls v. CampbellSupreme Court of Pennsylvania · 1889
- Mantua Hall & Market Co. v. BrooksSupreme Court of Pennsylvania · 1894
- Corry v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1899
- In re United Security Trust Co., Pennsylvania Court of Common Pleas, Philadelphia County1933