Fidelity Trust Co. v. Gardiner

Opinion by

Hirt, J.,

On July 24,1956, plaintiff, Fidelity Trust Company, entered judgment by confession on a note of the defendants for $2,029.20. The note on its face provided for the payment by the defendants of the above amount in 60 monthly payments from July 14, 1956, of $33.82 each. The payee named in the note was Premier Insulation Sales which had assigned it to the plaintiff Trust Company. Alleging defendants’ failure to make the monthly payments according to its terms—a default which made the unpaid instalments immediately due and payable—Fidelity Trust Company on February 11, 1957,…