Cosgrove v. Woodward
Superior Court of Pennsylvania
Appeal, No. 273, Oct. T., 1910, by defendants, from order of C. P. No. 5, Phila. Co., Dec. Term, 1909, No. 4,680, making absolute rule for judgment for want of a sufficient affidavit of defense in case, of Hugh Cosgrove and John J. Cosgrove, Copartners, trading as Hugh Cosgrove, v. E. Stockton Woodward and Edward Edmunds, Copartners, trading as E. S. Woodward & Company. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 273, Oct. T., 1910, by defendants, from order of C. P. No. 5, Phila. Co., Dec. Term, 1909, No. 4,680, making absolute rule for judgment for want of a sufficient affidavit of defense in case, of Hugh Cosgrove and John J. Cosgrove, Copartners, trading as Hugh Cosgrove, v. E. Stockton Woodward and Edward Edmunds, Copartners, trading as E. S. Woodward & Company. Assumpsit for goods sold and delivered. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinio'n of the Superior Court. Error assigned was order making absolute rule for judgment…
1Opinion of the Court
Opinion by
Morrison, J.,
The appellants are commission merchants in Philadelphia and the appellees are produce dealers in Ireland. On April 10, 1909, negotiations were commenced between the parties to the suit by cable for the shipment of 3,000 bags of potatoes by appellees to appellants on the steamship “Friesland,” which vessel w£,s to sail from Liverpool about two weeks earlier than the “Haverford” which was to sail from the same port. A large number of cablegrams passed between the partiés which are all set out in the statement of claim, and, in our opinion, the first one of importance, for…
2Cases cited6 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Fidelity & Casualty Co. of New York v. TeterIndiana Supreme Court · 1894
- Swing v. WalkerSuperior Court of Pennsylvania · 1905
- Johnston v. PattersonSupreme Court of Pennsylvania · 1886
- Croyle v. MosesSupreme Court of Pennsylvania · 1879
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