Sackett v. Fast

Citations

• 39 Pa. Super. 431
• 1909 Pa. Super. LEXIS 507

Syllabus

<p>Judgment — Opening of — Forgery—Estoppel—Evidence.</p> <p>1. If a person stands by and consents, either by words or impliedly, to his name being signed to a note and to the delivery of that note for value to one who believes the signature to be genuine, such person cannot thereafter escape liability on the ground that he did not sign the note nor give prior authority to someone to sign it for him.</p> <p>2. Where the defendant in a confessed judgment petitions the court to open the judgment on the ground that his signature to the note was a forgery, and the plaintiff in answer avers that she expected to prove at the trial that the defendant signed the note, the plaintiff is not estopped from proving at the trial that while defendant did not sign the note himself, he permitted the note to be delivered knowing that his name had been signed by another person.</p>