Peoples First National Bank & Trust Co. v. Gaudelli

Opinion by

Gunther, J.,

Walter P. Gaudelli, defendant, filed a petition to open judgment, which alleged the following. He borrowed from plaintiff bank in July 1952, and, as security therefor, executed a chattel mortgage on his car and a judgment note for $1,115.77. In October 1952, upon his default, two agents of the bank repossessed his car, possession of which was relinquished by defendant, so he alleged, only on the representation of these agents that his debt would be cancelled. Later the bank confessed judgment on the note in the sum of $1,047.67.

The bank filed an answer denying that those…