Joseph Zabella v. John Pakel

DUFFY, Chief Judge.

On September 1, 1931, defendant executed a cognovit promissory note for $4,577.00 payable to plaintiff one year after date. The note was not paid at maturity. Defendant was discharged in bankruptcy in 1937, and plaintiff and the indebtedness were listed in the petition.

Action on the note was commenced on September 15, 1954. A judgment by confession was entered on September 17, 1954. After execution issued, defendant filed a petition to vacate the judgment by confession, alleging that action on the note was barred by the statute of limitations, and by the discharge in…