Norbet v. Witkowski

Citations

• 51 Pa. Super. 183
• 1912 Pa. Super. LEXIS 199

Syllabus

<p>Judgment — Opening judgment — Note signed by marks — Evidence.</p> <p>On a proceeding to open a judgment it appeared that the note was signed by a mark which was witnessed by a justice of the peace. The defendant’s petition alleged that the note was not signed “as an obligation,” but simply as a memorandum of a proposed deal by which defendant was to purchase from plaintiff a saloon. The testimony showed that the defendant took possession of the saloon, ran it for several months, and sold it without the payment of any money to the plaintiff. The defendant was contradicted by a number of witnesses as to material facts, as well as by his own conduct. Held, that the court committed no error in discharging the rule to open the judgment.</p>