Bushong v. Edwards
Superior Court of Pennsylvania
Appeal, No. 231, Oct. T., 1911, by defendant, from order of C. P. Berks Co., Aug. T., 1911, No. 97, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Robert Grey Busbong, Administrator of Emil Anderson, deceased, v. Charles W. Edwards. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 231, Oct. T., 1911, by defendant, from order of C. P. Berks Co., Aug. T., 1911, No. 97, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Robert Grey Busbong, Administrator of Emil Anderson, deceased, v. Charles W. Edwards. Rule for judgment for want of a sufficient affidavit of defense. Prom the record it appeared that on February 15, 1911, defendant delivered to Emil Anderson an electric piano for the price of $550, $200 payable in cash and the remainder in monthly payments of $20.00 each. The agreement is set forth in the affidavit of…
1Opinion of the Court
Opinion by
Porter, J.,
The affidavit of defense in this case is clearly insufficient. It is not only evasive but it was made by a stranger *380to the record, H. Clinton Heller. It is true he styles himself “employee and attorney-in-fact of Charles W. Edwards,” but he entirely fails to disclose the scope of his employment or nature of his authority, and so far as revealed by this affidavit that employment or authority may have had no connection whatever with this litigation or the transactions out of which it arose. Nor is it suggested that the affidavit of defense was made by authority of the…
2Cases cited4 opinions
- Griel v. BuckiusSupreme Court of Pennsylvania · 1886
- Citizens Natural Gas Co. v. Waynesburg Natural Gas Co.Supreme Court of Pennsylvania · 1904
- Baum v. Union Surety & Guaranty Co.Superior Court of Pennsylvania · 1901
- Taylor v. SellersSuperior Court of Pennsylvania · 1900
3Cited by2 opinions
- Yeier v. Hanover Fire InsuranceSuperior Court of Pennsylvania · 1916
- Yeier v. Camden Fire InsuranceSuperior Court of Pennsylvania · 1917