Sossong v. Rosar
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, of Lackawanna county: Of January Term, 1886, No. 361. This was an issue between Valentine Rosar and Caspar Sossong, in which a note of Sossong payable to Rosar for $300, containing a confession of judgment, stood as the declaration and non assumpsit and non est factum, with leave to alter or amend, and the Statute of Limitations were the pleas.
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Error to the Court of Common Pleas, of Lackawanna county: Of January Term, 1886, No. 361. This was an issue between Valentine Rosar and Caspar Sossong, in which a note of Sossong payable to Rosar for $300, containing a confession of judgment, stood as the declaration and non assumpsit and non est factum, with leave to alter or amend, and the Statute of Limitations were the pleas. The facts of the case, as shown on the trial before Hand, P. J., sufficiently appear in the general charge of the court and in the opinion of the Supreme Court. The defendant presented the following point: The note…
1Opinion of the CourtJustice Green
The instrument upon which the judgment in this case was entered was a promissory note dated April 1st, 1871, payable two years after date, with a clause added containing a confession of judgment, release of errors, and waiver of appeal, inquisition and all exemption laws. It was not under seal. Without the authority for entering judgment, it, of course, was subject to the operation of the Statute of Limitations. Does the presence of that authority in the instrument deprive the maker absolutely of the right to plead the statute if the circumstances are such .as to afford him the opportunity ?…
2Cases cited1 opinion
3Cited by19 opinions
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Poelcher v. ZinkSupreme Court of Pennsylvania · 1954
- Woods v. IrwinSupreme Court of Pennsylvania · 1891
- Wheeler v. CastorNorth Dakota Supreme Court · 1903
- Anaconda Mining Co. v. SaileMontana Supreme Court · 1895
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