Legal Opinion

First Pennsylvania Bank v. Clearview Assocs., Inc.

Pennsylvania Court of Common Pleas, Bucks County

Decided January 30, 1985No. 79-13833-12-1Published

1Opinion of the Court

KELTON, ].,

The principal issue in this case is whether in proceedings to open judgment, defendant, a debtor on a judgment note given as collateral security for a line of bank credit, may assert a setoff against the creditor bank.

By the order which follows, we grant the petition of Clearview Associates, Inc. (Clearview to open a judgment entered by confession against it on a “one day after date” note in the face amount of $125,000.

Also for the equitable grounds which are explained below we believe that we should grant the petition of Clearview to stay execution on its real estate. See Pa.…

2Cases cited6 opinions

  1. Bell Federal Savings & Loan Ass'n v. Laura Lanes, Inc.Superior Court of Pennsylvania · 1981
  2. Kardos v. MorrisSupreme Court of Pennsylvania · 1977
  3. Lincoln Bank v. C & H AGENCY, INC.Supreme Court of Pennsylvania · 1982
  4. Citizens National Bank v. E. H. Bilowich Construction Corp.Supreme Court of Pennsylvania · 1982
  5. First Seneca Bank & Trust Co. v. Laurel Mountain Development Corp.Supreme Court of Pennsylvania · 1984

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