Legal Opinion

Greenberger v. Schwartz

Supreme Court of Pennsylvania

Decided May 6, 1918No. Appeal, No. 315PublishedCited by 8 opinions

Appeal, No. 315, Jan. T., 1917, by plaintiffs, from order of C. P. Lackawanna County, Nov. T., 1915, No. 167, on issue to determine the validity of the lien of a judgment, in case of Israel Greenberger, Leo Frishman, Max Judkovicz, doing business as Greenberger & Co. v. M. Schwartz & Jacob Rosenfeld, doing business as Schwartz & Rosenfeld. Issue to determine the validity of the lien of a judgment. Exceptions to the report of .R. W. Archbald, Esq., referee.

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Appeal, No. 315, Jan. T., 1917, by plaintiffs, from order of C. P. Lackawanna County, Nov. T., 1915, No. 167, on issue to determine the validity of the lien of a judgment, in case of Israel Greenberger, Leo Frishman, Max Judkovicz, doing business as Greenberger & Co. v. M. Schwartz & Jacob Rosenfeld, doing business as Schwartz & Rosenfeld. Issue to determine the validity of the lien of a judgment. Exceptions to the report of .R. W. Archbald, Esq., referee. Before Newcomb, J. The opinion of the Supreme Court states the facts. The referee found in favor of the defendants. The court dismissed…

1Opinion of the Court

Opinion by

Mr. Chief Justice Brown,

Moses Schwartz and Jacob Bosenfeld were partners, doing business in the City of Scranton, under the firm name of Schwartz & Bosenfeld. On June 17,1912, Bosenfeld executed and delivered, in the name of the firm, to Greenberger & Co., a promissory note, containing a confession of judgment, for $2,525.55, payable to their order two months after date. At the time this note was executed Schwartz & Bosenfeld were neither insolvent nor in contemplation of bankruptcy. On October 7, 1916, the appellants entered judgment on the note against the defendants individually…

2Cases cited1 opinion

  1. Chicago, Burlington & Quincy Railroad v. HallSupreme Court of the United States · 1913

3Cited by8 opinions

  1. In Re AsheCourt of Appeals for the Third Circuit · 1982
  2. Fischer v. Pauline Oil & Gas Co.Supreme Court of the United States · 1940
  3. Citizens Savings Bank, Inc. v. AstrinSuperior Court of Delaware · 1948
  4. Progressive C. Co. v. Friedman BalasnySuperior Court of Pennsylvania · 1922
  5. Summit Motor Co. v. Modern Tire Repair ShopSupreme Court of Pennsylvania · 1928

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