Werbitsky v. Fisher
Superior Court of Pennsylvania
Appeal, No. 163, Oct. T., 1915, by defendant, from order of Municipal Court, Philadelphia Co., April T., 1915, No. 564, making absolute rule for judgment for want of a sufficient answer in case of Benjamin J. Werbitsky v. Joseph C. Fisher, trading as Joseph C. Fisher & Son. Assumpsit to recover the price of a quantity of velvet sold and delivered.
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Appeal, No. 163, Oct. T., 1915, by defendant, from order of Municipal Court, Philadelphia Co., April T., 1915, No. 564, making absolute rule for judgment for want of a sufficient answer in case of Benjamin J. Werbitsky v. Joseph C. Fisher, trading as Joseph C. Fisher & Son. Assumpsit to recover the price of a quantity of velvet sold and delivered. The material portions of the answer were as follows: 1. Defendants admit that the plaintiff delivered to the defendants certain goods, wares and merchandise, in the quantities set forth in Exhibit “A” of plaintiff’s statement, but aver that the said…
1Opinion of the Court
Opinion by
Head, J.,
In this action to recover the price of certain merchandise sold and delivered to the defendant, the court below made absolute a rule for want of a sufficient answer. *286The defendant appeals. It appears by the copy of the plaintiff’s book account, filed with his statement, the goods were sold and delivered on or about December 17, 1913. As to this date there is no dispute. Suit was begun in May, 1915. It can hardly be asserted the defendant had not ainple time to know his defense when he filed his original answer on May 14, 1915. Manifestly it was insufficient to prevent a…
2Cases cited3 opinions
- Morgan v. McKeeSupreme Court of Pennsylvania · 1875
- Spiegelberg v. KarrSuperior Court of Pennsylvania · 1904
- Davis v. StuardSupreme Court of Pennsylvania · 1882
3Cited by8 opinions
- Wright v. General Carbonic Co.Supreme Court of Pennsylvania · 1921
- Tinius Olsen Testing MacHine Co. v. Wolf Co.Supreme Court of Pennsylvania · 1929
- Industrial Rayon Corp. v. CaplanSuperior Court of Pennsylvania · 1936
- Meyercord Co. v. Gwilliam Manufacturing Co.Superior Court of Pennsylvania · 1924
- United States v. Dewart Milk Products Co.District Court, M.D. Pennsylvania · 1924
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