FLAGSHIP FIRST NAT. BANK, ETC. v. Bloom

VAN der VOORT, Judge:

The central issue is this case is whether the failure of a debtor to interpose the defense of accord and satisfaction to a revival judgment taken by default precludes the debtor from pleading such defense in a later action of Assumpsit on the debt. The lower Court held that the revival judgment became res judicata of the issue. We reverse for the reasons hereinafter stated.

A judgment in favor of Fred Cohen, now deceased, was entered against Leo I. Bloom and Shirley Bloom, his wife, appellants herein, on December 11, 1967 in the Prothono-tary’s Office of Berks County on a…