Leonard v. Warfield

Citations

• 70 Pa. Super. 342
• 1918 Pa. Super. LEXIS 246

Syllabus

<p>Judgment — Opening judgment — Discretion — Construction — Notice.</p> <p>On an appeal from an order refusing to open judgment the appellate court is confined to ascertaining whether there has been an abuse of discretion on the part of the lower court.</p> <p>A judgment will not be opened as to one of two defendants, on the ground that the plaintiff in the judgment had constructive notice that such defendant was a surety, where no fraud is shown, and the record presents merely an ordinary transaction of the discount of successive notes.</p> <p>The application of the doctrine of constructive notice is generally the result of had faith on the part of the party charged with notice.</p>