Independent Coat Co. v. Michalowski

Opinion by

Mr. Justice Allen M. Stearne,

Judgment was entered by confession on June 3, 1938, in favor of plaintiff and against defendant on a judgment note in the amount of $2,700 payable on demand and dated June 1, 1938. Upon petition of defendant, the judgment was opened generally. Defendant alleged that the note had been procured by trick and that the consideration therefor had failed.

Defendant, a coat manufacturer, made coats for Samuel Weiner and Son who frequently paid him with postdated checks. Plaintiff was engaged in the same business in an adjoining building. On one occasion in 1938,…