Legal Opinion
McBane v. Central-Penn National Bank of Philadelphia
Superior Court of Delaware
Decided July 18, 1956No. 484PublishedCited by 2 opinions
1Opinion of the Court
Carey, J.:
The question presented for decision is whether this Court has jurisdiction to vacate a judgment by confession entered upon a note, the signatures to which were induced by fraud or misrepresentation.
Some Delaware cases contain language suggesting that the Superior Court lacks jurisdiction to vacate a judgment by confession because of fraud, determination of such a question being within the jurisdiction of a Court of Equity. I Woolley on Delaware Practice 598; State, Use of Duncan v. Richardson, 1 Marv. 372, 41 A. 75; Townsend v. Townsend, 5 Harr. 20. On the other hand, language in…
2Cases cited6 opinions
- Italo-Petroleum Corporation of America v. HanniganSupreme Court of Delaware · 1940
- Miles v. LaytonSupreme Court of Delaware · 1937
- Hollis v. KinneyCourt of Chancery of Delaware · 1923
- Rogers v. RogersSuperior Court of Delaware · 1907
- Canning v. Star Publishing Co.District Court, D. Delaware · 1956
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- John Julian Construction Co. v. Monarch Builders, Inc.Superior Court of Delaware · 1973
- Strickler v. Sussex Life Care AssociatesSuperior Court of Delaware · 1987