Atkins v. Grist
Superior Court of Pennsylvania
Appeal, No. 149, April T., 1910, by defendant, from order of C. P. No. 4, Allegheny Co., D. S. B. No. 52, First T., 1909, discharging rule to open judgment in case of G. R. Atkins v. Bertha Grist et al. Rule to open judgment. The facts appear by the opinion of the Superior Court. Error assigned was order discharging rule to open judgment.
1Opinion of the Court
Opinion by
Rice, P. J.,
The judgment in question was entered by virtue of a warrant of attorney to confess judgment contained in a promissory note executed by the appellant and her husband jointly. The ground upon which her petition to open the judgment was based was, that she executed the note solely as surety for her husband and that the proceeds of the loan for which the note was given were not received by her or for the benefit of her separate, estate, but were received by her husband. The petition was met by a responsive answer, denying that she executed the note as surety or security for…
2Cases cited9 opinions
- Augustine v. WolfSupreme Court of Pennsylvania · 1906
- R. Patrick & Co. v. SmithSupreme Court of Pennsylvania · 1895
- Spotts' EstateSupreme Court of Pennsylvania · 1893
- Stephan v. HudockSuperior Court of Pennsylvania · 1897
- Algeo v. FriesSuperior Court of Pennsylvania · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McCullough v. National BankSuperior Court of Pennsylvania · 1937
- Slater v. Chiccarino Et Ux.Superior Court of Pennsylvania · 1933
- Grote, Trustee v. McCann Et Ux.Superior Court of Pennsylvania · 1937
- German v. ConoverSuperior Court of Pennsylvania · 1913
- Conestoga National Bank v. Hallman, Pennsylvania Court of Common Pleas, Lancaster County1933