Barnes v. Bamberger
Supreme Court of Pennsylvania
Appeal, No. 387, Jan. T., 189&by defendants, from order of C. P. No. 3, Phila. Co., June T., 1898, No. 244, refusing an interpleader and making absolute^ a rule for judgment for want of a sufficient affidavit of defense, in case of John Barnes, trading as John Barnes & Co., to use of S. J. D. Meade, v. Max Bamberger, Julius Sondheim and Morris Bamberger, trading as L. Bamberger & Co. Assumpsit for goods sold and delivered. Rule for'interpleader.
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Appeal, No. 387, Jan. T., 189&by defendants, from order of C. P. No. 3, Phila. Co., June T., 1898, No. 244, refusing an interpleader and making absolute^ a rule for judgment for want of a sufficient affidavit of defense, in case of John Barnes, trading as John Barnes & Co., to use of S. J. D. Meade, v. Max Bamberger, Julius Sondheim and Morris Bamberger, trading as L. Bamberger & Co. Assumpsit for goods sold and delivered. Rule for'interpleader. Rule for judgment for want of a sufficient affidavit of defense. The affidavit of defense was in part as follows: Defendants have always been ready…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
Two months prior to the institution of this suit the defendants therein were made garnishees in a foreign attachment proceeding against the plaintiff, by George Shupert. The defendants in the suit aforesaid admitted that they were indebted in the sum of $1,018.43 for merchandise purchased by them of Barnes & Company, between March 22, and April 13, 1898, . and expressed their willingness to pay said sum into court on such terms as would relieve them from liability to be put to the expense of defending two suits, and to the risk of being compelled to pay said sum…
2Cases cited2 opinions
- Irwin v. Pittsburgh & Connellsville RailroadSupreme Court of Pennsylvania · 1862
- Mackey v. HodgsonSupreme Court of Pennsylvania · 1848
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- McKinley v. Mutual Life InsuranceSupreme Court of Pennsylvania · 1924
- Schmidt Brewing Co. v. Pittsburgh Life & Trust Co.Supreme Court of Pennsylvania · 1917
- Maxwell v. Philadelphia Fire Department Relief Ass'nSuperior Court of Pennsylvania · 1939
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