Pennsylvania Railroad v. Whitney & Kemmerer
Superior Court of Pennsylvania
Appeal, No. 211, Oct. T., 1919, by defendants, from judgment of C. P. No. 5, Phila. County, December Term, 1915, No. 174, for want of sufficient affidavit of defense in the case of Pennsylvania Railroad Company v. Mahlon S. Kemmerer, Daniel Whitney, Charles H. Jacobs and Daniel F. Connor, co-partners, trading as Whitney & Kemmerer. Assumpsit for charges of demurrage. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 211, Oct. T., 1919, by defendants, from judgment of C. P. No. 5, Phila. County, December Term, 1915, No. 174, for want of sufficient affidavit of defense in the case of Pennsylvania Railroad Company v. Mahlon S. Kemmerer, Daniel Whitney, Charles H. Jacobs and Daniel F. Connor, co-partners, trading as Whitney & Kemmerer. Assumpsit for charges of demurrage. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. The court made absolute the rule. Defendants appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Porter, J.,
This is an appeal by the defendants from an order of the learned court below making absolute a rule for judgment for want of a sufficient affidavit of defense.
The plaintiff is a common carrier engaged in the transportation of goods for hire, and the defendants were at the time of the transactions here involved engaged in the business of buying and selling coal. The statement filed by the plaintiff averred that the defendants, during the months of March, April and May, 1909, shipped several cars of coal from Kingston, Pennsylvania, to be delivered by the plaintiff to Bates…
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