Fox v. Loller

Citations

• 229 Pa. 539
• 78 A. 1133
• 1911 Pa. LEXIS 527

Syllabus

<p>Appeals — Opening judgment — Review.</p> <p>1. The judge of the common pleas is in the best situation to reach a correct conclusion from conflicting testimony upon a rule to open a judgment, and his order opening a confessed judgment will not be reversed except for manifest error.</p> <p>Judgment — Promissory notes — Judgment by confession — Fraud,— Findings of fad.</p> <p>2. An order opening a judgment entered by confession based on a finding that the testimony tended to establish a combination on the part of the plaintiff and others to obtain notes for large sums without giving real value therefor, is fully justified by evidence that the defendant was an infirm old man, in a measure incapacitated for the intelligent transaction of business; that he had been induced by plaintiff and others to join with them in business enterprises of which he had no knowledge; that his son-in-law, whose business experience was limited and who had joined with plaintiff in some of these enterprises, was his adviser and attorney in fact; and that plaintiff procured from defendant over $11,000 in money and notes for $200 000 in return for worthless stocks.</p>