Work v. Prall
Superior Court of Pennsylvania
Appeal, No. 81, April T., 1904, by defendant, from order of C. P-. Washington Co., May T., 1902, D. S. B., No. Ill, discharging rule to open judgment in ease of W. A. Work to use of Crouch Brothers v. Lyda M. Prall and H. L. Prall. Rule to open judgment. The facts appear by the opinion of the Superior Court. Error assigned was the order of the court.
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Appeal, No. 81, April T., 1904, by defendant, from order of C. P-. Washington Co., May T., 1902, D. S. B., No. Ill, discharging rule to open judgment in ease of W. A. Work to use of Crouch Brothers v. Lyda M. Prall and H. L. Prall. Rule to open judgment. The facts appear by the opinion of the Superior Court. Error assigned was the order of the court. This is certainly not the kind of a note that was intended to be made negotiable under provision 2, sec. 5 of the act of 1901. The note provided by that act is a note that contains an authority to enter judgment after the date of its maturity.…
1Opinion of the Court
Opinion by
Henderson, J.,
The defendants gave their judgment promissory note to the plaintiff on March 21,1902. A judgment was entered thereon by virtue of the warrant of attorney which the note contained, *107on March 22, 1902, and on the twenty-fourth of the same month the judgment was assigned to the use plaintiffs. The note was payable in three months froái date and no notice of the assignment of the judgment was given to the defendants until about five months after the same became due. The defendants’ evidence, taken on the rule to open the judgment, was uncontradicted and would warrant a jury…
2Cases cited14 opinions
- Reel v. ElderSupreme Court of Pennsylvania · 1869
- Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
- Hurd v. . KellyNew York Court of Appeals · 1879
- Townsend Savings Bank v. ToddSupreme Court of Connecticut · 1879
- Noble v. Thompson Oil Co. ex rel. BrownSupreme Court of Pennsylvania · 1875
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3Cited by8 opinions
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- Marsh v. BowenSupreme Court of Pennsylvania · 1939
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- First Nat'l Bank v. Bank of PittsburghSuperior Court of Pennsylvania · 1930
- Auerbach v. Corn Exchange Nat. Bank & Trust Co.District Court, E.D. Pennsylvania · 1943
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