1ST NAT. BK. of MILLVILLE v. Horwatt

Dissenting Opinion by

Montgomery, J.:

Appellant’s judgment against appellee was opened by the lower court on the basis that the facts alleged in the petition to open and supported by the testimony taken in the depositions showed that appellee had a good defense against plaintiff’s claim. I fail to see *592the presence of such a defense. Appellee’s petition to open appears to be based entirely upon the proposition that appellee was deprived of a certificate of title to the motor vehicle involved because C. D. Wesley, presumably the owner of the Wesley Auto Company, Inc., removed from the mail an…