Heilner v. Falls Coal Co.
Superior Court of Pennsylvania
Appeal, No. 107, Oct. T., 1898, by plaintiff, from order of C. P. No. 3, Pbila. Co., Sept. T., 1895, No. 649, making absolute a rule to open judgment. Rule to open judgment. Before Gordon, J. It appears from the record that judgment was entered on single bill dated October 7, 1895, for $805.24. Execution was issued and returned nulla.bona.
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Appeal, No. 107, Oct. T., 1898, by plaintiff, from order of C. P. No. 3, Pbila. Co., Sept. T., 1895, No. 649, making absolute a rule to open judgment. Rule to open judgment. Before Gordon, J. It appears from the record that judgment was entered on single bill dated October 7, 1895, for $805.24. Execution was issued and returned nulla.bona. On May 9, 1898, alias fi. fas. were issued with attachment executions attaching rent in the hands of a number of tenants of Howard Strang. On May 17, 1898, Howard Strang filed the following petition to open judgment : “That, on or about September 10, 1895,…
1Opinion of the Court
Opinion by
Smith, J.,
Judgment was entered in this case September 30,1895, on a judgment note against The Falls Coal Company and Howard Strang. On May 17, 1898, Strang petitioned the court for a rule to open the judgment and let him into a defense, alleging that the judgment was given for a debt of the coal company of which he was secretary and treasurer; that when he signed the note it was understood that he assumed no personal liability, and merely signed in his official capacity, as secretary and treasurer, in order to make the note good against the company; that the plaintiff having…
2Cases cited1 opinion
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