McKee v. Verner

Citations

• 239 Pa. 69
• 86 A. 646
• 1913 Pa. LEXIS 523

Syllabus

<p>Judgment — Opening judgment — Averments of petition — Answer.</p> <p>1. Where the averments of a petition for a rule to open a judgment are met by a flat denial in the answer, and no evidence is taken to support the petition, the averments therein must fall.</p> <p>Contracts — Illegal contracts — Sunday — Executed contract — Judgment note.</p> <p>2. Where a judgment note containing a warrant of attorney to confess judgment is executed and delivered on a Sunday, and thereafter judgment is entered on the note, the court will not open such judgment merely because the note was made on Sunday.</p> <p>3. A Sunday contract is contra bonos mores, and the law will not aid' in its execution, but where it has been fully executed the law will decline to interpose and relieve the complaining party from the obligation of his agreement. In such a case the law leaves the parties where it finds them and will not assist in the execution of the contract nor avoid or set it aside if it has been fully carried out.</p> <p>Judgment — Opening judgment — Set-off of unliquidated claims.</p> <p>4. Where a judgment is given as collateral to secure the plaintiff’s endorsements of the defendant’s notes, the judgment must stand until the plaintiff is relieved from his liability on his endorsements.</p> <p>6. A judgment will not be opened because the plaintiff is indebted to the defendant on unliquidated demands larger than the amount of judgment.</p> <p>6. A debt not in judgment cannot be set off against a judgment, and this applies as well to a judgment entered by confession as to one obtained by adverse process.</p>