Toffolo v. Marino
Superior Court of Pennsylvania
Appeal, No. 63, April T., 1921, by defendant, from judgment of C. P. Fayette County, March T., 1920, No. 412, discharging rule to open judgment in the case of Santo Del Toffolo v. Joe Marino. Rule to open judgment. Before Reppert, J. The facts are stated in the opinion of the Superior Court. The court discharged the rule.. Defendant appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Trexler, J.,
■The matter came before the court upon a petition to open the judgment. The defendant denied the signing of the note in question. Depositions were taken, and, after hearing, the court declined to grant the prayer of the petition. This court held in Shannon v. Castner, 21 Pa. Superior Ct. 294, that “Though the defendant testifies that his signature is a forgery and there is opposing testimony, there is no inflexible rule which compels the court to open the judgment. Even in such a case the judge should exercise a sound discretion after a careful consideration of the…
2Cases cited4 opinions
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Augustine v. WolfSupreme Court of Pennsylvania · 1906
- W. W. Blake Tobacco Co. v. PosluszsySuperior Court of Pennsylvania · 1906
- McCullough v. KinnanSuperior Court of Pennsylvania · 1906
3Cited by4 opinions
- Mutual Building & Loan Ass'n v. WalukiewiczSupreme Court of Pennsylvania · 1936
- Tressler v. EmerickSupreme Court of Pennsylvania · 1923
- Peters v. AlterSuperior Court of Pennsylvania · 1926
- Cramer Oil Burner Co. v. FergusonSuperior Court of Pennsylvania · 1926