Legal Opinion

Sackett v. Fast

Superior Court of Pennsylvania

Decided July 14, 1909No. Appeal, No. 157PublishedCited by 1 opinion

Appeal, No. 157, April T., 1909, by defendant, from judgment of C. P. Fayette Co., June T., 1905, No. 84, on verdict for plaintiff in case of Louisa R. Sackett v. Francis M. Fast and Jacob Cover. Issue to determine the validity of a judgment. Before Van Swearingen, J. The facts appear by the opinion of the Superior Court.

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Appeal, No. 157, April T., 1909, by defendant, from judgment of C. P. Fayette Co., June T., 1905, No. 84, on verdict for plaintiff in case of Louisa R. Sackett v. Francis M. Fast and Jacob Cover. Issue to determine the validity of a judgment. Before Van Swearingen, J. The facts appear by the opinion of the Superior Court. Plaintiff presented this point: 1. If the jury find that Jacob Cover stood by and saw Francis Fast hand the note in suit with his, Cover's, own name signed to the note with the name of Francis Fast as one of the makers thereof and saw Francis Fast deliver the same to W. C.…

1Opinion of the Court

Opinion by

Morrison, J.,

The plaintiff caused a judgment to be entered on a promissory note containing a warrant of attorney to which the names Francis M. Fast and Jacob Cover were signed. Cover presented a petition and later a supplemental petition averring that the said note was a forgery as to him and prayed’that the judgment might be opened. The plaintiff filed an answer in which she averred that she expected to be able to prove at the trial that Cover signed the note. The court below subsequently made the following order: "After due consideration of the testimony, the rule is hereby made…

2Cases cited2 opinions

  1. Fitzpatrick v. EngardSupreme Court of Pennsylvania · 1896
  2. Howie v. LewisSuperior Court of Pennsylvania · 1900

3Cited by1 opinion

  1. Livengood v. HaySuperior Court of Pennsylvania · 1913

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