Gillespie v. Webster

Citations

• 180 Pa. 405
• 36 A. 928
• 1897 Pa. LEXIS 934

Syllabus

<p>Judgment — Confession of judgment — Opening judgment.</p> <p>A judgment entei’ed upon a warrant of attorney contained in a judgment note will not be opened upon the mere averment of the defendant that it was his understanding that the judgment was not to be entered until default was made in certain payments. In such a case it is the plaintiff’s right, unless he agrees otherwise, to enter a judgment in order to secure a lien.</p> <p>Judgment — Execution—Setting aside execution.</p> <p>On a rule to open a judgment and set -aside execution it appeared that the plaintiff had at one time loaned the defendant $6,000, and at another time $10,000, which he raised by mortgaging his real estate. At or about the lime of the execution and delivery of the note upon which judgment was entered a writing was signed by the defendant and delivered to the plaintiff, stating that the note was given as collateral for payment of the mortgage for $10,000 and also for the sum of $5,000 which it was averred the plaintiff had placed in a firm as capital for the defendant, all of which he was to return with interest to the plaintiff. This writing was received and retained by the plaintiff without objection. The plaintiff denied that the writing was delivered with the note. He also denied that it expressed any terms ever considered or suggested, or that there was at any time any ■conversation between the parties in relation to it. Held, that the action of the court in refusing to set aside the execution was without error.</p>