Legal Opinion · Concurring in part, dissenting in part

Canter v. Canter

Superior Court of Pennsylvania

Decided February 2, 1976No. Appeal, No. 564Published

1Concurring in part, dissenting in part

*353Concurring and Dissenting Opinion by

Spaeth, J.:

I agree with the majority that appellants should not be permitted first to confess judgment fraudulently against themselves and then, three years later, to petition successfully to open the judgment. Nevertheless, I am troubled by the majority’s disposition of this case. Appellee participated equally with appellants in the execution of the three backdated judgment notes and is as much a party to the fraud committed against appellants’ creditors as are appellants. The majority, however, awards appellee’s bankrupt estate an asset to which ap-pellee…

2Cases cited34 opinions

  1. D. H. Overmyer Co., Inc. of Ohio v. Frick Co.Supreme Court of the United States · 1972
  2. SWARB Et Al. v. LENNOX Et Al.Supreme Court of the United States · 1972
  3. Kilian v. Allegheny County DistributorsSupreme Court of Pennsylvania · 1962
  4. Wenger v. ZieglerSupreme Court of Pennsylvania · 1967
  5. Metzger v. MetzgerSupreme Court of Pennsylvania · 1940

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