Germantown Brewing Co. v. Booth
Supreme Court of Pennsylvania
Appeal, No. 120, Jan. T., 1894, by plaintiff, from order of C. P. No. 3, Phila. Co., Sept. T., 1893, No. 155, striking off judgment against defendant, Edward Booth. Rule to strike off judgment. From the record and depositions, it appeared that, on May 20, 1893, plaintiff loaned to defendant $3,000 to enable him to carry on a retail liquor business. Defendant gave to plaintiff a judgment note to secure the debt.
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Appeal, No. 120, Jan. T., 1894, by plaintiff, from order of C. P. No. 3, Phila. Co., Sept. T., 1893, No. 155, striking off judgment against defendant, Edward Booth. Rule to strike off judgment. From the record and depositions, it appeared that, on May 20, 1893, plaintiff loaned to defendant $3,000 to enable him to carry on a retail liquor business. Defendant gave to plaintiff a judgment note to secure the debt. On the same day the parties entered into the following agreement in writing: “ Know all men by these presents, that I, Edward Booth, of the city of Philadelphia, saloon keeper, in…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
A rule to show cause why the judgment should not be opened, was granted on an affidavit which, under a well settled rule of practice, would have been held insufficient to prevent judgment in an action of assumpsit on the note. The only material averment in the affidavit was that the defendant did not owe the plaintiff “the sum of three thousand one hundred and fifty dollars, the sum for which judgment was entered and execution issued.” On the hearing of the rule the judgment was stricken off. It was entered by virtue of a warrant of attorney contained in the…
2Cited by6 opinions
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- Cronin v. SharpSuperior Court of Pennsylvania · 1901
- Broadway Bk. Scottdale v. DiskinSuperior Court of Pennsylvania · 1932
- Chubb v. KellySuperior Court of Pennsylvania · 1923
- Ryan EstateSupreme Court of Pennsylvania · 1953
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