Legal Opinion

George P. Steel Iron Co. v. Jacobs

Superior Court of Pennsylvania

Decided December 15, 1898No. Appeal, No. 6PublishedCited by 8 opinions

Appeal, No. 6, March T., 1898, by defendants, from order of C. P. Huntingdon Co., Sept. T., 1896, No. 97, discharging rule to open judgment. Buie to open judgment.

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Appeal, No. 6, March T., 1898, by defendants, from order of C. P. Huntingdon Co., Sept. T., 1896, No. 97, discharging rule to open judgment. Buie to open judgment. Before Bailey, P. J. It appears from the record that by covenant of attorney judgment was confessed against defendants for the sum of $477.82, being for $365.30 principal debt and $111 attorney’s commissions, with interest from January 26,1896; that the note originally called for $2,240 upon which payments by instalments had been made, and judgment was entered for the balance due and the attorney’s commissions included a percentage…

1Opinion of the Court

Opinion by

Smith, J.,

This cause comes here on appeal by the defendants, from the refusal of the court below to open the judgment. From the record presented here we learn that on January 29,1894, the defendants gave a judgment note for $2,237.61, with interest, and five per cent attorney’s commission as collection fees, payable three months after date, in settlement of the account of R. W. Jacobs with the plaintiff. At the same time the parties agreed, by a separate writing, that the note might be paid by instalments of $300 every three months, and that judgment should not be entered on the…

2Cases cited2 opinions

  1. Bank v. FulmorSupreme Court of Pennsylvania · 1889
  2. Hall v. ApplebeeSupreme Court of Pennsylvania · 1889

3Cited by8 opinions

  1. In Re West Chestnut Realty of Haverford, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1995
  2. Kistler v. ScheirerSuperior Court of Pennsylvania · 1899
  3. Wilson v. FitzgeraldSuperior Court of Pennsylvania · 1904
  4. Bennett v. Bechtel, Pennsylvania Court of Common Pleas, Union County1925
  5. Hutchinson Machinery Co. v. Kazimer, Pennsylvania Court of Common Pleas, Luzerne County1927

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