Floto v. Christner

Citations

• 40 Pa. Super. 408
• 1909 Pa. Super. LEXIS 631

Syllabus

<p>Judgment — Opening judgment — Judgment note — Evidence.</p> <p>Where one of two defendants in a judgment entered on a judgment note seeks to have the judgment opened as to himself on the ground that he was not in fact a principal, but only a joint obligor or surety, he must establish his claim by evidence that is clear, precise and indubitable, and if he fails to do so and the plaintiff in his answer denies all of averments in the petition to open, the court commits no error in refusing to open the judgment.</p>