Order of Unity v. McCann
Superior Court of Pennsylvania
Appeal, No. 1, March T., 1914, by defendant, from order of C. P. Lackawanna Co., Nov. T., 1912, No. 273, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Order of Unity, Assigned to Pension Life Society v. Thomas F. McCann. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 1, March T., 1914, by defendant, from order of C. P. Lackawanna Co., Nov. T., 1912, No. 273, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Order of Unity, Assigned to Pension Life Society v. Thomas F. McCann. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. The material portion of the affidavit of defense was as follows: 1. I am not indebted to the plaintiff or the assignee in this case, but on the contrary the plaintiff assignee owes me, at the present time, the sum of $300, over and above all…
1Opinion of the Court
Opinion by
Kephart, J.,
Two counterclaims or matters of set-off are presented by the affidavit of defense, one of which is a claim against the assignee of the mortgage on a contract of hire and a discharge from employment. The affidavit is silent as to the character of services to be performed, the term of employment, and such breach by the master as would entitle him to recover his salary until such time as he secured employment. The appellant merely sets forth that he was employed until a certain time when he ceased to receive pay from the master, and remained out of employment for a period…
2Cases cited6 opinions
- Henry v. Pittsb. Etc. R.Supreme Court of Pennsylvania · 1891
- Loeser v. Erie City Rag WarehouseSuperior Court of Pennsylvania · 1899
- Appleby v. BarrettSuperior Court of Pennsylvania · 1905
- Anderson v. WilliamsSuperior Court of Pennsylvania · 1899
- International Savings & Trust Co. v. StengerSuperior Court of Pennsylvania · 1906
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