Bowditch v. Gourley
Superior Court of Pennsylvania
Appeal, No. 148, Oct. T., 1902, by defendant, from order of C. P. No. 1, Phila. Co., Sept. T., 1901, No. 4170, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia to use of Walter Bowditch v. Samuel Gourley and Samuel Gourley, Jr. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case.
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Appeal, No. 148, Oct. T., 1902, by defendant, from order of C. P. No. 1, Phila. Co., Sept. T., 1901, No. 4170, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Philadelphia to use of Walter Bowditch v. Samuel Gourley and Samuel Gourley, Jr. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. Error assigned was the order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff furnished materials to a subcontractor who was employed by Samuel Gourley, Jr., in certain work for which the latter had a contract with the city of Philadelphia. The defense was that the subcontractor had been paid in full before Gourley had notice of the plaintiff’s claim, and also that the *344plaintiff was not within the class intended to be benefited by the ordinance of the city which required that contractors should give bonds before commencing the work, etc. The court below entered judgment in favor of the plaintiff for want of a sufficient affidavit of…
2Cases cited4 opinions
- Philadelphia v. StewartSupreme Court of Pennsylvania · 1900
- Philadelphia v. McLindenSupreme Court of Pennsylvania · 1903
- Commonwealth v. ClipshamSuperior Court of Pennsylvania · 1901
- Philadelphia v. StewartSupreme Court of Pennsylvania · 1901
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- Erie v. DiefendorfSupreme Court of Pennsylvania · 1923
- Merion Township School District v. EvansSupreme Court of Pennsylvania · 1928
- Philadelphia v. Jackson & Co.Supreme Court of Pennsylvania · 1924
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