Legal Opinion

Charles D. Kaier Co. v. O'brien

Supreme Court of Pennsylvania

Decided March 24, 1902No. Appeal, No. 186PublishedCited by 43 opinions

Appeal, No. 186, Jan. T., 1901, by defendant, from order of C. P. Schuylkill Co., Nov. T., 1897, No. 220, discharging rules to open judgment in case of the Charles D. Kaier Company, Limited, v. James M. O’Brien, James Hullihan and John Hullihan. Rules to open judgment.

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Appeal, No. 186, Jan. T., 1901, by defendant, from order of C. P. Schuylkill Co., Nov. T., 1897, No. 220, discharging rules to open judgment in case of the Charles D. Kaier Company, Limited, v. James M. O’Brien, James Hullihan and John Hullihan. Rules to open judgment. The facts appear by the opinion of Shay, J., which was substantially as follows: A bond, given to the Charles D. Kaier Company by James M. O’Brien for the sum of $2,000, with James and John Hullihan as surety, was entered by plaintiff, and subsequently the petition of James Hullihan, administrator of John Hullihan, deceased,…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

Judgment by confession was entered on a bond against James O’Brien as principal and James Hullihan and John Hullihan as sureties. After the death of the sureties rules to open the judgment were granted on the petitions of the representatives of their estates. The ground of the applications was that the sureties had not signed the bond, and the issue raised was distinctly that of forgery. The bond was not witnessed and no one saw either James or John Hullihan sign it, and no one testified that their signatures were genuine. O’Brien testified that he told John…

2Cases cited2 opinions

  1. Bank v. FulmorSupreme Court of Pennsylvania · 1889
  2. Earley's AppealSupreme Court of Pennsylvania · 1879

3Cited by43 opinions

  1. Mutual Building & Loan Ass'n v. WalukiewiczSupreme Court of Pennsylvania · 1936
  2. Harr, SEC. of Bk. v. BernheimerSupreme Court of Pennsylvania · 1936
  3. Stoner v. Sley System GaragesSupreme Court of Pennsylvania · 1946
  4. Austen v. MarzolfSupreme Court of Pennsylvania · 1928
  5. Newtown T. T. Co. v. Underw'd (Et Al.)Supreme Court of Pennsylvania · 1935

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