McDowell Bk. of Sharon v. Rosenblum

Opinion by

Keller, P. J.,

This is an appeal by a defendant from the order of the court below refusing to open a confessed judgment and let him into a defense. The order will be affirmed.

The facts are somewhat complicated but may be stated as follows:

McDowell National Bank, the legal plaintiff, lent the defendant $6,000, — which he used for his own purposes — , and took his judgment note therefor. The note was guaranteed by four men, who composed the firm of Nathan Rosenblum & Co. On April 4, 1931, when the principal of the note had been reduced to $4,600, the guarantors paid this amount, took…