Western National Bank v. Cotton, Oil & Fibre Co.
Superior Court of Pennsylvania
Appeal, No. 2, Oct. T., 1907, by defendant, from order of C. P. No. 5, Phila. Co., Sept. T., 1906, No. 5,036, discharging rule to strike off a judgment in case of Western National Bank v. The Cotton, Oil & Fibre Company. Rule to strike off judgment.
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Appeal, No. 2, Oct. T., 1907, by defendant, from order of C. P. No. 5, Phila. Co., Sept. T., 1906, No. 5,036, discharging rule to strike off a judgment in case of Western National Bank v. The Cotton, Oil & Fibre Company. Rule to strike off judgment. The rule was granted on the following affidavit: The Cotton, Oil and Fibre Company, through its general manager, J. S. Cochran, being duly sworn, deposes and says that the said company is the defendant in the above cause; that on November 27, 1906, copy of plaintiff’s statement was filed on defendant; that on or about nine o’clock on the morning…
1Opinion of the Court
Per Curiam,
This was an action of assumpsit upon a promissory note. On the sixteenth day after service of a copy of the statement and rule to file affidavit of defense, the plaintiff caused judgment to be entered in the prothonotary’s office for want of an affidavit of defense. Later in the day the defendant filed an affidavit of defense, and then upon motion and affidavit obtained a rule to show cause why the judgment should not be struck off. After hearing the court discharged the rule, and from that order this appeal was taken. In view of the clear and satisfactory opinion filed by the…
2Cases cited4 opinions
- Johnson v. Royal InsuranceSupreme Court of Pennsylvania · 1907
- Bordentown Banking Co. v. ResteinSupreme Court of Pennsylvania · 1906
- Duncan v. Bell, Johnston, Jack & Co.Supreme Court of Pennsylvania · 1857
- Bradshaw Electro Sanitary Odor Co. v. BradshawSuperior Court of Pennsylvania · 1905