Judith v. Dicola Et Ux.

Opinion by

Mr. Justice Drew,

Plaintiff, holder of a bond and mortgage, entered judgment on the bond against defendants, the mortgagors, for $3,400, the full amount of the bond. Alleging that they had reduced their debt to $400 by payments to John N. Hetrick, who, they averred, acted as plain tiff’s agent and attorney, defendants petitioned tbe eonrt below for a rule upon plaintiff to show cause why the judgment should not be opened. After a hearing, the court made the rule absolute and framed an issue upon the question of Hetrick’s agency for submission to a jury. Plaintiff appealed.

The facts…