Shannon v. Castner
Superior Court of Pennsylvania
Appeal, No. 21, April T., 1902, by plaintiff, from judgment of C. P. Clarion Co., April T., 1892, No. 349, on verdict for defendant in ease of I. M. Shannon, Executor of John Yeany, deceased, v. J. P. Castner and Martin Castner. Issue to determine the validity of a confessed judgment. Before Clark, P. J. At the trial it appeared that the judgment in question was entered on a judgment note in the following form: Martin Castner alleged that his signature was forged.
Read the full summary
Appeal, No. 21, April T., 1902, by plaintiff, from judgment of C. P. Clarion Co., April T., 1892, No. 349, on verdict for defendant in ease of I. M. Shannon, Executor of John Yeany, deceased, v. J. P. Castner and Martin Castner. Issue to determine the validity of a confessed judgment. Before Clark, P. J. At the trial it appeared that the judgment in question was entered on a judgment note in the following form: Martin Castner alleged that his signature was forged. On April 5,1892, judgment was entered on the note. On June 28, 1895, Martin Castner obtained a rule to open the judgment as to…
1Opinion of the Court
Opinion by
Rice, P. J.,
1. The unsupported testimony of a defendant in a confessed *320judgment admitting the execution of the instrument upon which the judgment was entered, but alleging fraud in the procure ment or use of it, which is directly opposed by the testimony of the plaintiff, is insufficient to warrant the opening of the judgment or to be submitted to the jury on the trial of an issue awarded. In such a case the conflict of testimony is over the equity which the defendant sets up as the ground for relief from a legal liability he has assumed. The instrument itself is evidence against…
2Cases cited26 opinions
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
- Commonwealth v. FarrellSupreme Court of Pennsylvania · 1898
- Pennsylvania Co. for Insurance on Lives & Granting Annuities v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1897
- Wills v. HardcastleSuperior Court of Pennsylvania · 1902
- Baldi v. Metropolitan InsuranceSuperior Court of Pennsylvania · 1902
21 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Grutski v. KlineSupreme Court of Pennsylvania · 1945
- Augustine v. WolfSupreme Court of Pennsylvania · 1906
- Mutual Building & Loan Ass'n v. WalukiewiczSupreme Court of Pennsylvania · 1936
- Bausbach v. ReiffSupreme Court of Pennsylvania · 1914
- Austen v. MarzolfSupreme Court of Pennsylvania · 1928
42 more not listed; retrieve them via the Exa API.