Security Finance Co. v. Reiser

Lewis, J.,

Judgment was entered on Jan. 12, 1926, against the three defendants on a judgment note dated July 2, 1925, payable one day after date and containing the usual warrant of attorney to enter judgment. Schmidt, one of defendants, has filed this petition to have the judgment opened as to him, on the ground that he was induced to sign the note only on the promise of the plaintiff company’s president that it would not be entered of record unless and until there should be a default in the payment *635of a certain mortgage given to plaintiff by one of the two other defendants. Depositions were…