J. B. Colt Co. v. Benjamin
Superior Court of Pennsylvania
Appeal, No. 16, March T., 1919, by defendant, from order of C. P. Lackawanna Co., May T., 1917, No. 179, discharging rule to open judgment in case of J. B. Colt Company v. George E. Benjamin. Buie to open judgment. The facts appear in the following opinion by Newcomb, J., discharging the rule.
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Appeal, No. 16, March T., 1919, by defendant, from order of C. P. Lackawanna Co., May T., 1917, No. 179, discharging rule to open judgment in case of J. B. Colt Company v. George E. Benjamin. Buie to open judgment. The facts appear in the following opinion by Newcomb, J., discharging the rule. The judgment is founded on confession in defendant’s promissory note which was given to secure the price of a generator and associate parts of a lighting system furnished by plaintiff for use in defendant’s house. The latter moves for relief on the allegation of breach by plaintiff of its covenants for…
1Opinion of the Court
Per Curiam,
The court below refused to open a judgment entered upon the defendant’s confession. An examination of the testimony taken clearly establishes that the order of the court is not erroneous. The right to decide whether a judgment shall be opened rests in the first instance with the common pleas, and the correctness of its decision is to be passed upon by the appellate courts. The determination of the court below will not be set aside unless it plainly appears that error has been committed in the result reached: Spiess v. Mooney, 67 Pa. Superior Ct. 9, and cases cited.
The judgment is…
2Cases cited1 opinion
- Spiess v. MooneySuperior Court of Pennsylvania · 1916
3Cited by1 opinion
- Simon v. WintgensSuperior Court of Pennsylvania · 1921