Leonard v. Warfield
Superior Court of Pennsylvania
Appeal, No. 29, April T., 1918, by defendant, from order of C. P. Westmoreland CO'., Nov. T., 1915, No. 236, discharging rule to open judgment in case of A. L. Leonard, Cashier, v. Samuel Warheld and J. P. Baughman. Rule to open judgment. Before Copeland, P. J., specially presiding. Error assigned was order discharging rule to open judgment.
1Opinion of the Court
Opinion by
Williams, J.,
This was a petition to open judgment entered upon a joint and several judgment note of the following tenor: “Jeannette, Pa., March 29, 1915. Ninety days after date I, we or either of us promise to pay to the order of A. L. Leonard, Cashier at Class City Union Deposit Bank, Jeannette, Pa., Three Hundred Dollars without defalca*344tion, value received (then follows power of attorney to confess judgment) Sam’l Warfield, J. P. Baughman.”
The petition averred that Baughman was a surety on the note and had been released from liability by an extension of credit to Warfield by the…
2Cases cited2 opinions
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
- Spiess v. MooneySuperior Court of Pennsylvania · 1916