Chubb v. Kelly

Opinion by

Gawthrop, J.,

These appeals are from orders of the court below discharging rules to open judgments entered by yirtue of warrants of attorney contained in six certain judgment notes. The ground upon which the court below was asked to open the judgments was that at the time the notes were given the plaintiff made an oral agreement that no judgment should be entered upon the notes until default in payment on their respective due dates, and that the plaintiff entered the judgments in violation of that agreement. Prior to the taking of the rule to open the judgments, the defendant took a…