Legal Opinion

Colonial Fi. Co. v. Hoover Et Ux.

Superior Court of Pennsylvania

Decided October 16, 1933No. Appeal 129PublishedCited by 3 opinions

cited: International Finance Corp. v. Phila. Wholesale Drug Co., 312 Pa. 280; Howard Fire Insurance Co. v. Bruner, 23 Pa. 50.

1Opinion of the Court

Opinion by

Baldrige, J.,

The makers of a negotiable note presented a petition to open a judgment entered thereon by confession, alleging (1) a lack of consideration, and (2) that the plaintiff was not a bona fide holder for value before maturity. A rule was granted, which the court, after hearing, made absolute. This appeal followed.

The failure of consideration does not constitute such a defect of title as to put the appellant to the burden of proving that it acquired the title in due course: Levitt v. Johnstown Office Supply Co., 103 Pa. Su perior Ct. 76, 157 A. 804; International Finance Co.…

2Cases cited7 opinions

  1. Fehr v. CampbellSupreme Court of Pennsylvania · 1927
  2. Colonial Trust Co. v. GetzSuperior Court of Pennsylvania · 1905
  3. First Nat'l Bank of N.J. v. Cattie Bros.Supreme Court of Pennsylvania · 1925
  4. International Fin. Co. v. Magilansky Et Ux.Superior Court of Pennsylvania · 1932
  5. Levitt v. Johnstown Office Supply Co.Superior Court of Pennsylvania · 1931

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Budget Charge Accounts, Inc. v. MullaneySuperior Court of Pennsylvania · 1958
  2. First Pennsylvania Banking & Trust Co. v. DeliseSuperior Court of Pennsylvania · 1958
  3. Bondholders Securities Corp. v. Schroerlucke, Pennsylvania Court of Common Pleas, Alleghany County1935

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