Adelman, Trustee v. J. McShain, Inc.

Opinion by

Rhodes, J.,

This is an action in assumpsit brought by plaintiff to recover for goods sold and delivered to defendant. Plaintiff obtained judgment for the amount of his claim before a magistrate on December 12, 1940. On January 16, 1941, defendant presented its petition to the municipal court for leave to file an appeal nunc pro tunc. On the following day a rule to show cause was issued. The petition set forth that defendant had no knowledge or notice of the entry of the judgment until after the time allowed for an appeal had elapsed. Plaintiff filed an answer. It appears from the…