Teller v. Sommer
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 290 January Term 1889, Sup. Ct.; court below, No. 194 December Term 1888, C. P. No. 3. On November 21, 1888, Benj. F. Teller, executor of tbe will of Andrew Sommer, deceased, brought assumpsit against Jacob H. Sommer, to recover a balance shown to be due the estate of the decedent upon an account stated between the defendant and the decedent in the lifetime of the latter.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 290 January Term 1889, Sup. Ct.; court below, No. 194 December Term 1888, C. P. No. 3. On November 21, 1888, Benj. F. Teller, executor of tbe will of Andrew Sommer, deceased, brought assumpsit against Jacob H. Sommer, to recover a balance shown to be due the estate of the decedent upon an account stated between the defendant and the decedent in the lifetime of the latter. The account, which was signed by the defendant, and was sued upon subject to a credit of $2,190.97, to which the defendant would have been…
1Per curiam
There was no error in refusing to enter judgment against defendant for want of a sufficient affidavit of defence. Assuming, as we must, for the present that the facts averred in the affidavit of defence are true, they are sufficient to entitle the defendant to a jury trial.
Appeal dismissed at the costs of the plaintiff, but without prejudice to his right to trial by jury, etc.
2Cited by4 opinions
- Levin v. GarfinkleDistrict Court, E.D. Pennsylvania · 1980
- Allegheny County Light Co. v. ThomaSuperior Court of Pennsylvania · 1906
- Parkin v. Safe Deposit BankSuperior Court of Pennsylvania · 1913
- Newell Booth Co. v. SheldrakeSuperior Court of Pennsylvania · 1903