Kuehn v. Kalisch
Superior Court of Pennsylvania
Appeal, No. 144, April T., 1919, by plaintiff, from judgment of C. P. Allegheny Co., July T., 1918, No. 151, opening judgment in the case of Edward Kuehn v. John Kalisch and Mary Kalisch, his wife. Buie to open judgment, entered by confession on a judgment note. The facts appear in the opinion of the Superior Court. The court made absolute the rule to open the judgment. Plaintiff appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Williams, J.,
This is an appeal from an order making absolute a rule to open judgment confessed on a bond accompanying a mortgage.
Defendants’ petition admitted the execution of the bond and mortgage to secure a loan of $1,000, and averred that, at the execution thereof, it was agreed that part payment could be made on the principal to Weitershausen as plaintiff’s agent at any interest period; in pursuance of this arrangement, defendants paid him $950 on the principal and tendered the balance with interest to plaintiff; wherefore, the judgment was unlaw-' fully entered on the bond.
*591Plai…
2Cases cited2 opinions
- Powell v. Old Hickory Building & Loan Ass'nSupreme Court of Pennsylvania · 1916
- Stephenson v. Colonial Life Insurance Co. of AmericaSuperior Court of Pennsylvania · 1917