Flood v. Judge

Citations

• 239 Pa. 381
• 86 A. 1010
• 1913 Pa. LEXIS 574

Syllabus

<p>Judgments — Buie to open — Judgment note signed in blank — Insertion of arbitrary sum.</p> <p>Where in a proceeding to open judgment entered by confession on a judgment note it appeared that defendant delivered to plaintiff a judgment note, the amount of which was blank, and plaintiff filled in a sum large enough to cover all indebtedness which he thought the defendant then owed him,'but which was far in excess of such indebtedness, and he subsequently entered judgment on the note for an amount which, in his answer he admitted represented the amount of two promissory notes signed by the defendant, which he had taken up, and an arbitrary sum in addition which he included in this judgment to cover any loss which he thought he might sustain on account of costs, and it further appeared by uncontradicted evidence that the promissory notes referred to were signed by the defendant for the accommodation of the plaintiff, a refusal to open the judgment was held error.</p>