American Bridge Co. of New York v. Foley

U.S. Circuit Court for the District of Eastern Pennsylvania

American Bridge Co. of New York v. Foley

151 F. 960, 1907 U.S. App. LEXIS 5008

CourtU.S. Circuit Court for the District of Eastern Pennsylvania

DecidedMarch 8, 1907

DocketNo. 92

StatusPublished

This text of 151 F. 960 (American Bridge Co. of New York v. Foley) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Bridge Co. of New York v. Foley, 151 F. 960, 1907 U.S. App. LEXIS 5008 (circtedpa 1907).

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Opinion

HOLLAND, District Judge.

There are two rules here upon an affidavit of defense. The first is for judgment for the amount admitted to be due, which amount is $3,712.09, with interest; and the second is for judgment for want of a sufficient affidavit of defense to the balance of plaintiff’s claim. There are four items of defense set up, the total of which amounts to $1,296.22.. We think that the defense to the first three claims in the affidavit is sufficiently set forth, although it is very close to the line. The last item of $75, the cost of perfecting the holes in the iron to be bolted, is set forth in a very indefinite, vague, and uncertain manner. If the defendants were required to put additional work on these bolt holes, they could easily have stated the number of hours their men worked, and the rate of wages for the work.- In other words, they could have specified more particularly, so that it could be known what the work was, and its value. As to this item, we think the affidavit is insufficient.

Judgment will therefore be entered for the amount admitted to be due, to wit, $3,712.09, with interest, plus $75, with interest, making a total of $3,787.09, with interest.

As to the remainder of the claim, the rule for judgment is discharged.

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HOLLAND, District Judge.

There are two rules here upon an affidavit of defense. The first is for judgment for the amount admitted to be due, which amount is $3,712.09, with interest; and the second is for judgment for want of a sufficient affidavit of defense to the balance of plaintiff’s claim. There are four items of defense set up, the total of which amounts to $1,296.22.. We think that the defense to the first three claims in the affidavit is sufficiently set forth, although it is very close to the line. The last item of $75, the cost of perfecting the holes in the iron to be bolted, is set forth in a very indefinite, vague, and uncertain manner. If the defendants were required to put additional work on these bolt holes, they could easily have stated the number of hours their men worked, and the rate of wages for the work.- In other words, they could have specified more particularly, so that it could be known what the work was, and its value. As to this item, we think the affidavit is insufficient.

Judgment will therefore be entered for the amount admitted to be due, to wit, $3,712.09, with interest, plus $75, with interest, making a total of $3,787.09, with interest.

As to the remainder of the claim, the rule for judgment is discharged.

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Bluebook (online)

151 F. 960, 1907 U.S. App. LEXIS 5008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-bridge-co-of-new-york-v-foley-circtedpa-1907.