H. S. Blatt Hardware Co. v. McCarthy
Superior Court of Pennsylvania
Appeal, No. 213, April T., 1913, by defendant, from order of C. P. Lawrence Co., June T., 1912, No. 193, refusing rule to open judgment in case of H. S. Blatt Hardware Company v. M. D. McCarthy and D. J. Mulcahy. Rule to open judgment. The facts are stated in the opinion of the Superior Court. Error assigned was order refusing rule to open judgment.
1Opinion of the Court
Opinion by
Porter, J.,
The defendant M. D. McCarthy by his written obligation under seal, dated November 13, 1911, promised to pay to the order of the plaintiff company the sum of $600, three months after the date thereof, and embodied in said obligation was a warrant of attorney to confess judgment against him (McCarthy) for the said sum; with costs and attorney’s commissions, with the usual waivers. There was subsequently written upon the back of said instrument the following:
“Elwood City, Pa., 11-28, 1911, for value received I do hereby assign the within note to First National Bank and…
2Cases cited1 opinion
- Eddy v. SmileySuperior Court of Pennsylvania · 1904
3Cited by6 opinions
- Romberger v. RombergerSupreme Court of Pennsylvania · 1927
- Pasco Rural Lighting Co. v. RolandSuperior Court of Pennsylvania · 1926
- Agricultural Trust Co. v. BrubakerSuperior Court of Pennsylvania · 1920
- First Nat. Bk. of Moscow v. KendrewSuperior Court of Pennsylvania · 1932
- Horner Sales Corp. v. Motor Sport, Inc.Supreme Court of Pennsylvania · 1954
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