Wagner v. Burnham
Supreme Court of Pennsylvania
Appeal, No. 16, Jan. T., 1909, by-plaintiff, from order of C. P. No. 1, Phila. Co., June T., 1908, No. 3,842, discharging rule for judgment for want of a sufficient affidavit of defense in case of Louis Wagner, Trustee in Bankruptcy of Charles Gilpin, v. George Burnham et al., Co-partners, trading as Burnham, Williams & Company. Assumpsit to recover balance due on a building contract. Before Beégy, J. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 16, Jan. T., 1909, by-plaintiff, from order of C. P. No. 1, Phila. Co., June T., 1908, No. 3,842, discharging rule for judgment for want of a sufficient affidavit of defense in case of Louis Wagner, Trustee in Bankruptcy of Charles Gilpin, v. George Burnham et al., Co-partners, trading as Burnham, Williams & Company. Assumpsit to recover balance due on a building contract. Before Beégy, J. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Supreme Court. Error assigned was order discharging rule for judgment for want of a…
1Opinion of the Court
Opinion by
Me. Justice Mesteezat,
We think the learned court below was right in discharging *589the rule for judgment for want of a sufficient affidavit of defense. Charles Gilpin entered into a contract with the defendants to tear down an old building and erect a new building in the city of Philadelphia. After performing part of the work, he filed a voluntary petition in bankruptcy and was duly adjudicated a bankrupt. The plaintiff is his trustee in bankruptcy. At the date of the bankruptcy, Gilpin was indebted to certain subcontractors for work done and materials' furnished who subsequently to…
2Cases cited2 opinions
- Morgan v. WordellMassachusetts Supreme Judicial Court · 1901
- Bassett v. BairdSupreme Court of Pennsylvania · 1877
3Cited by8 opinions
- Max M. Hayden, Trustee, Etc. v. Standard Accident Insurance CompanyCourt of Appeals for the Ninth Circuit · 1963
- Nutz v. Murray-Nutz, Inc.Supreme Court of New Jersey · 1931
- Hastings v. ThompsonSuperior Court of Pennsylvania · 1911
- McCloskey v. Downingtown Woolen Mills, Inc.District Court, E.D. Pennsylvania · 1927
- Bender v. Mancino, Pennsylvania Court of Common Pleas, Lawrence County1954
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