Standard Engineering & Construction Co. v. Smyser-Royer Co.

Citations

• 68 Pa. Super. 437
• 1917 Pa. Super. LEXIS 144

Syllabus

<p>Bankruptcy — Federal Act — Set-off—Assigned claim — Municipal Court of Philadelphia — Jurisdiction—Practice, Municipal Court.</p> <p>Where a corporation assigns a nonnegotiable chose-in-action, with due notice to the debtor, and subsequently the corporation is adjudicated a bankrupt, the debtor in a suit against him by the assignees in the name of the assignor to the use of the assignees, may set off a claim, notwithstanding Section 57n of The Bankruptcy Act, to the extent of the amount of the chose-in-aetion, which’ he had against the bankrupt, although such claim was not proved against the bankrupt’s estate, and the bankrupt had been discharged more than a year before the suit was brought. In such •a case the set-off is good against the use-plaintiff inasmuch as the assignees acquired no greater right against the debtor than the assignor had.</p> <p>Where the claim was for $210, and the counterclaim was for $4,375 the counterclaim was good in so far as it extinguished the liability for $210, and for this purpose the Municipal Court of Philadelphia had jurisdiction.</p> <p>Practice, Municipal Court of Philadelphia — Counterclaim—Failure to reply — Buie of court.</p> <p>Where in an action of assumpsit in the Municipal Court of Philadelphia County, no reply is made to a counterclaim, and no evidence is introduced relating to it, the plaintiff will be held to have admitted the facts contained in the counterclaim, under Rule 9 of the Municipal Court.</p>