Roberts v. Ward

Opinion by

Gawthrop, J.,

On April 19, 1924, judgment by confession was entered against defendant in the court below on a note for $1,000, made and delivered by him to plaintiff on November 28,1923. On April 29, 1924, defendant filed -a petition to open the judgment on the ground of failure of consideration. After an answer was filed the judgment was opened and an issue awarded, the order being that the note should stand as plaintiff’s declaration and the petition to open the judgment as defendant’s plea. By agreement, the case was referred to a referee under the Act of 1869, P. L. 725, and its…