Gimbel Bros. Inc. v. Hand

Opinion by-

Gawthrop, J.,

This is an appeal by defendant from an order discharging a rule to open a judgment entered against him on a judgment note which was non-negotiable because it authorized a confession of judgment before maturity. See Act of May 16, 1901, Sec. 5, P. L. 194, and Volk v. Shoemaker, 229 Pa. 407.

The note was for $500, which was made payable to the order of plaintiff one day after its date, December 2, 1929. From the evidence taken on the rule, it appears that on December 2, 1929, Mrs. Joseph Hayes was indebted to plaintiff in the sum of $501.15 for merchandise sold and…