Legal Opinion

Tioga County Savings & Trust Co. ex rel. Klock v. Gates

Supreme Court of Pennsylvania

Decided July 1, 1916No. Appeal, No. 11Published

Appeal, No. 11, Jan. Term, 1916, by defendant, from order of C. P. Tioga Co., May Term, 1915, No. 208, dismissing rules to strike off judgment and to open judgment and let defendant into a defense, in case of Tioga County Savings and Trust Company, for use of M. L. Klock, v. George H. Gates. Petitions for rules to show cause why judgment should not be stricken off and judgment opened and defendant let into a defense.

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Appeal, No. 11, Jan. Term, 1916, by defendant, from order of C. P. Tioga Co., May Term, 1915, No. 208, dismissing rules to strike off judgment and to open judgment and let defendant into a defense, in case of Tioga County Savings and Trust Company, for use of M. L. Klock, v. George H. Gates. Petitions for rules to show cause why judgment should not be stricken off and judgment opened and defendant let into a defense. Before Cameron, J. The facts appear by the opinion of the Supreme Court. The lower court dismissed both petitions. Defendant appealed. Errors assigned, among others, were the…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

The defendant, Gates, gave to the Tioga County Savings and Trust Company, the legal plaintiff, his promissory note, dated February 24, 1910, for $2,900, containing a warrant of attorney authorizing a confession of judgment thereon. Sometime in the latter part of the year 1913, the note was assigned to M. L. Klock, the use-plaintiff, who entered judgment thereon in the Court of Common Pleas of Tioga County on March 26,1915, and testatum writs of fi. fa. were issued and levied on the *300property of the defendant in Blair and Center Counties. The defendant presented…

2Cases cited2 opinions

  1. Wise's AppealSupreme Court of Pennsylvania · 1881
  2. Adams's AppealSupreme Court of Pennsylvania · 1882

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