MacGeorge v. Chemical Mfg. Co.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 4 OP PHILADELPHIA COUNTY. January Term 1891, Sup. Ct.; court below, No. 436 December Term 1889, C. P. No. 4. On December 16, 1889, William MacGeorge, Jr., brought assumpsit against tbe Harrison Chemical Manufacturing Co., Limited, filing a statement of claim to recover as the bolder for value of a note, duly protested for non-payment, of which the following was a copy: |300. Philadelphia, Pa., June 11,1889. Three months…
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 4 OP PHILADELPHIA COUNTY. January Term 1891, Sup. Ct.; court below, No. 436 December Term 1889, C. P. No. 4. On December 16, 1889, William MacGeorge, Jr., brought assumpsit against tbe Harrison Chemical Manufacturing Co., Limited, filing a statement of claim to recover as the bolder for value of a note, duly protested for non-payment, of which the following was a copy: |300. Philadelphia, Pa., June 11,1889. Three months after date I promise to pay to tbe order of the Harrison Chemical Manufacturing Company, Limited, Three hundred dollars,…
1Per curiam
We need not discuss the refusal of the court below to set aside the service of the summons. The return of the sheriff shows a good service; if the return is false, that officer is responsible. In this proceeding, it is conclusive upon the defendant. And if there were a defective service, it is cured by the appearance of the defendant, and the filing of an affidavit of defence. It is too late for the company to contend that it is not in court.
We think judgment was properly entered for want of a sufficient affidavit of defence. Granted that the secretary of the company had no authority to…
2Cited by19 opinions
- Scouton v. Stony Brook Lumber Co.Supreme Court of Pennsylvania · 1918
- Fisher v. Globe Brewing Co.Supreme Court of Virginia · 1938
- Sun Co. v. BurrussSupreme Court of Virginia · 1924
- White v. Rosenbaum Co.Superior Court of Pennsylvania · 1919
- Sporkin v. MacBrideSuperior Court of Pennsylvania · 1928
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