Sears v. Birbeck

Opinion by

Mr. Justice Maxey,

On November 28, 1928, Harry C. Birbeck and Hannah Birbeck, husband and wife, signed a judgment note in which they promised to pay David D. Sears, or assigns, one day after date, $5,000, with interest and attorney’s fee of 10% for collection. Two days later, judgment was entered against the defendants. Execution was issued and levy made upon the household goods of Mrs. Birbeck. Thereupon she filed a petition to open the judgment, alleging that she was a married woman when she signed this note and that she signed it as a guarantor or surety for one Karl Rogowski, to…