Legal Opinion
Merchants Bank, N.A. v. J.L. Foster Inc.
Pennsylvania Court of Common Pleas, Lehigh County
Decided April 30, 1992No. nos. 92-N-235 and 236Published
1Opinion of the Court
REIBMAN, J.,
Before the court are defendants’ petitions to open and/or strike confessed judgments. They raise two issues: First, whether the confession of judgment clause, either on its face or as applied against the defendants, is unconstitutional? Second, whether the defendants are required to, and if so have demonstrated, a meritorious defense to the underlying claim in the face of a constitutional attack on the confession of judgment?
FACTS
For purposes of the pending petitions, the facts are not in dispute.* On July 25, 1986, defendant J.L. Foster Inc. (corporation), executed a demand note…
2Cases cited9 opinions
- Bounds v. SmithSupreme Court of the United States · 1977
- D. H. Overmyer Co., Inc. of Ohio v. Frick Co.Supreme Court of the United States · 1972
- SWARB Et Al. v. LENNOX Et Al.Supreme Court of the United States · 1972
- Germantown Manufacturing Co. v. RawlinsonSupreme Court of Pennsylvania · 1985
- Linda Maldonado Santiago v. Nestor Velazquez GarciaCourt of Appeals for the First Circuit · 1987
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