Guadiere v. Simeone

Argued October 7, 1942. This is an appeal by an illiterate Italian woman, who does not speak English and can neither read nor write Italian, or even sign her name, from an order of the court below discharging a rule, granted on her petition, to open a judgment entered by confession on a warrant of attorney in a non-negotiable note under seal for $500, signed by her mark. The note was dated July 1, 1938 and was payable to the order of Michael Guadiere, one day after date. Her mark was witnessed by Emilio Guariglia and Isadoro Rapisardo.

The petition to open the judgment was filed November 4,…