McKeone Soap Manufacturing Co. v. Religious Press Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of Philadelphia county: Of January Term, 1887, No. 122. Assumpsit by the Religious Press Association against the Charles McKeone & Son Soap Manufacturing Company. The following instrument in writing and averments in support of the plaintiffs claim were filed. Philadelphia, Sept. 3d, 1885. The Religious Press Ass’n.
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Error to the Court of Common Pleas No. 1, of Philadelphia county: Of January Term, 1887, No. 122. Assumpsit by the Religious Press Association against the Charles McKeone & Son Soap Manufacturing Company. The following instrument in writing and averments in support of the plaintiffs claim were filed. Philadelphia, Sept. 3d, 1885. The Religious Press Ass’n. Gentlemen: — You are hereby authorized to insert our advertisement in the following papers: The Presbyterian, Nat’l Baptist and The Church, space in each to be changed at our pleasure, and something to appear in each of above papers every…
1Opinion of the CourtJustice Sterrett
Assuming that the order, a copy of which was filed in this case, is an instrument for the payment of money within the meaning of the affidavit of defence law, We think the amount of advertising done, in pursuance of the order, and the contract value of the same might have been so averred as to have required defendant to file a specific affidavit of defence; j>ut, as they appear of record, the averments are wholly insufficient for that purpose.
The order in question contains a promise to pay nine cents per line for advertising in one of the papers named, and five cents per line in each of the…
2Cases cited1 opinion
- Frank v. MaguireSupreme Court of Pennsylvania · 1862