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· 12/20/1914

Italian Co-operative Banking Ass'n v. La Spada

Citations

  • 58 Pa. Super. 576
  • 1914 Pa. Super. LEXIS 354

Syllabus

<p>Judgment—Opening judgment—Fraud hy maker—Judgment note— Threat of imprisonment.</p> <p>■ A judgment entered on a judgment note given to a bank will not be opened on the ground that the maker was induced to sign the note by threats of immediate imprisonment on a charge of passing worthless checks and of obtaining money by false pretenses, where it appears that the maker in giving the note actually participated in an attempted fraud to deceive the representative of the banking commissioner; nor will a surety on the note be relieved from the consequences of the judgment if it appears that he suggested the giving of the note as an adjustment of a substantial controversy between the bank and the maker, and volunteered to become the latter’s surety.</p>

Judges: Head, Kephart, Orlady, Rice, Trexler

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.