Legal Opinion

First Pennsylvania Banking & Trust Co. v. McNally

Superior Court of Pennsylvania

Decided March 19, 1963No. Appeal, No. 373PublishedCited by 3 opinions

1Opinion of the Court

Opinion by

Montgomery, J.,

This is an appeal from the opening of a confessed judgment on an installment contract for the purchase of a garbage disposal unit. Appellees entered into the contract on March 12, 1960, with Eastern Binse Away which assigned it to appellant for value on March 21, 1960. Appellees were notified of the assignment and thereafter made payment of two installments due under the contract before seeking to have the judgment opened. The contract contained a waiver of defense clause, in addition to the warrant of attorney to confess judgment.

In their petition to open the…

2Cases cited4 opinions

  1. Haagen v. PattonSuperior Court of Pennsylvania · 1960
  2. Neale v. American Motorists Fire InsuranceSuperior Court of Pennsylvania · 1958
  3. Lewis EstateSupreme Court of Pennsylvania · 1944
  4. Kyper v. SheafferSuperior Court of Pennsylvania · 1910

3Cited by3 opinions

  1. Deligiannis v. PepsiCo, Inc.District Court, S.D. New York · 1991
  2. First Pennsylvania Bank N.A. v. WeberSuperior Court of Pennsylvania · 1976
  3. Mellon Bank Corp. v. First Union Real Estate Equity & Mortgage InvestmentsDistrict Court, W.D. Pennsylvania · 1990

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