Legal Opinion

Italo French Produce Co. v. Thomas

Superior Court of Pennsylvania

Decided July 13, 1905No. Appeal, No. 222PublishedCited by 4 opinions

Appeal, No. 222, April T., 1905, by defendant, from order of C. P. Washington Co., Nov. T., 1903, No. 250, discharging rule to open judgment in case of Italo French Produce Co. v J. W. Thomas and Katie Thomas. Rule to open judgment. The opinion of the Superior Court states the case. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Orlady, J.,

The appellant, Katie Thomas, joined with her husband in the execution of a note for $1,000 to the plaintiff. A judgment was entered thereon, when she presented her petition to the court below, averring that she signed the note as surety for her husband, was not in any way interested in its consideration, and was not indebted to the plaintiff in any sum at the time the note was signed. After a hearing on petition, answer and testimony, the court refused to open the judgment, and the appellant'brings this appeal.

It has been repeatedly held that the judge, to whom such an…

2Cases cited8 opinions

  1. Bank v. FulmorSupreme Court of Pennsylvania · 1889
  2. Commonwealth v. StevensSupreme Court of Pennsylvania · 1897
  3. Guernsey v. FroudeSuperior Court of Pennsylvania · 1900
  4. Young v. SenftSupreme Court of Pennsylvania · 1893
  5. Poundstone v. JonesSupreme Court of Pennsylvania · 1898

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Estate of GrossmanSupreme Court of Pennsylvania · 1979
  2. Weber v. RolandSuperior Court of Pennsylvania · 1909
  3. Ripple v. SuccopSuperior Court of Pennsylvania · 1906
  4. Stoll v. Kunkel, Pennsylvania Court of Common Pleas, York County1924

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