Weller's Appeal
Supreme Court of Pennsylvania
Appeal from the court of Common Pleas of York county : Of January Term 1883, No. 313. Appeal of Henry Weller from a decision of said court, refusing to open a judgment entered upon a warrant of attorney, and to let the defendant into a defence. The following were the material facts : On April 2d 1879, judgment was entered in favor of John Keener against John Keener, “David!’ Miller and Henry Weller, on the following instrument:— j “ $500. York Pa.
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Appeal from the court of Common Pleas of York county : Of January Term 1883, No. 313. Appeal of Henry Weller from a decision of said court, refusing to open a judgment entered upon a warrant of attorney, and to let the defendant into a defence. The following were the material facts : On April 2d 1879, judgment was entered in favor of John Keener against John Keener, “David!’ Miller and Henry Weller, on the following instrument:— j “ $500. York Pa. April they first 1874 W e or Eathers of ns Promise to pay to the order of John Keener the sum off five Hundred Dollars Without defalcation, for…
1Opinion of the CourtJustice Paxson
This was an appeal from the refusal of the court below to open a judgment entered upon a warrant of attorney. It was not denied that the appellant was a surety, and that -when he signed the note it had attached to it the names of John Keener and Daniel Miller as makers. In point of fact Keener was the payee, Miller the principal, and the appellant his surety. It was alleged by the appellee that the name of Keener as maker was signed by mistake, and upon his own motion the court below subsequently amended the record of the judgment by striking out his name, leaving it to stand as a judgment of…
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- GRANGE INSURANCE COMPANY v. CAPITOL SPECIALTY INSURANCE CORPORATIONDistrict Court, E.D. Pennsylvania · 2021
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