Frick & Lindsay Co. v. Maryland, Pennsylvania & West Virginia Telephone & Telegraph Co.

Citations

• 44 Pa. Super. 518
• 1910 Pa. Super. LEXIS 212

Syllabus

<p>Action — Cause of action — Place of business — Sale—Vendor and vendee.</p> <p>1. Where a vendee of goods agrees to pay for them thirty days after delivery, and no place is mentioned for the payment it is the duty of the vendee to go to the vendor’s place of business and tender payment, and if he fails to do so a cause of action arises in the county of the vendor’s domicile. Interest on the principal debt must be regarded as of the same nature in so far as the cause of action is concerned.</p> <p>Actions — Courts—Jurisdiction—Cause of action.</p> <p>2. The scope of the Act of July 9, 1901, P. L. 614, is limited to a regulation of service only, and applies not only to domestic but to foreign corporations. .</p> <p>3. In the act of 1901, the words “county wherein it (the writ) was issued,” and “ county where the cause of action arose,” mean county wherein the writ was legally issued and county where the location of property or business gave jurisdiction to the courts under the existing law.</p> <p>4. A writ issued in one county and served upon a foreign corporation in another county will be quashed, where it appears that the defendant company transacted no business in the county in which the writ was issued, and had no property, agent or place of business in that county.</p> <p>Appeals — Final order — Interlocutory order — Quashing writ.</p> <p>5. Where the court discharges a rule to quash a writ against a foreign corporation, the defendant does not lose its right to appeal from such order because it permits a final judgment to be entered against it for want of an affidavit of defense.</p>