Legal Opinion

Howie v. Lewis

Superior Court of Pennsylvania

Decided July 26, 1900No. Appeal, No. 45PublishedCited by 8 opinions

Appeal, No. 45, Jan. T., 1900, by N. N. Betts, in suit of John Howie, now to the use of N. N. Betts, cashier, against Evan Lewis, from order of C. P. Bradford Co., May T., 1899, No. 377, making absolute rule to open judgment in a feigned issue. Opinion by W. D. Porter, J. Rule to open' judgment.

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Appeal, No. 45, Jan. T., 1900, by N. N. Betts, in suit of John Howie, now to the use of N. N. Betts, cashier, against Evan Lewis, from order of C. P. Bradford Co., May T., 1899, No. 377, making absolute rule to open judgment in a feigned issue. Opinion by W. D. Porter, J. Rule to open' judgment. It appears from the record that judgment was opened on the note on the following page: On the petition of Evan Lewis, defendant, the court granted a rule on plaintiff to show cause why judgment should not be opened and defendant let into a defense. Other material facts appear in the opinion of the…

1Opinion of the Court

Opinion by

W. D. Porter, J.,

The note upon which this judgment was confessed was in all respects regular and contained upon its face nothing to excite suspicion that it had been in any way altered or changed. It was not negotiable paper, but it closed with these words: “ And I do further agree that this note shall be subject to the same rules governing commercial paper, as to equities.” ' It is admitted that the signature to this note is the genuine signature of the defendant. The defendant, in his petition for a rule to open the judgment, sets forth that the note upon which the judgment was…

2Cases cited14 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
  3. Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1878
  4. O'Connor v. ClarkSupreme Court of Pennsylvania · 1895
  5. Garrard v. HaddanSupreme Court of Pennsylvania · 1871

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3Cited by8 opinions

  1. First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
  2. Citizens National Bk. Greencastle v. SpeckSuperior Court of Pennsylvania · 1932
  3. Koch v. HinkleSuperior Court of Pennsylvania · 1908
  4. Neil v. NeilSuperior Court of Pennsylvania · 1904
  5. Sackett v. FastSuperior Court of Pennsylvania · 1909

3 more not listed; retrieve them via the Exa API.

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