Excelsior Saving Fund & Loan Ass'n v. Fox
Supreme Court of Pennsylvania
Appeal, No. 259, Jan. T., 1915, by plaintiff, from order of C. P. Montgomery Co., March. T., 1915, No. 79, making absolute a rule to open a confessed judgment, in case of Excelsior Saving Fund and Loan Association v. Morris Fox and Maggie Fox. Petition for a rule to open a confessed judgment. Before Miller, J. The opinion of the Supreme Court states the facts. The court made the rule absolute. Plaintiff appealed, Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Me. Justice Potter,
This is an appeal from an order of the court below making absolute a rule to open a confessed judgment which was entered by the Excelsior Saving Fund and Loan Association against the defendants. The latter had given a bond and a mortgage, dated April 2, 1907, conditioned for the payment of $3,000, in one year from that date, with interest. Plaintiff caused judgment to be entered on the bond on March 15, 1915, and execution was issued. ■«
In the petition for opening the judgment it was averred that defendants borrowed $7,000, from the plaintiff association, for…
2Cases cited5 opinions
- Gandy v. WeckerlySupreme Court of Pennsylvania · 1908
- Croyle v. Cambria Land & Improvement Co.Supreme Court of Pennsylvania · 1912
- Greenawalt v. KohneSupreme Court of Pennsylvania · 1877
- Potter v. GrimmSupreme Court of Pennsylvania · 1915
- Renshaw v. GansSupreme Court of Pennsylvania · 1847
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- Dennison v. HardenWashington Supreme Court · 1947
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