Stevenson v. Henning

Citations

• 34 Pa. Super. 184
• 1907 Pa. Super. LEXIS 103

Syllabus

<p>Judgment — Opening judgment — Principal and agent — Attorney and client — Two innocent parties rule.</p> <p>On a rule to open a judgment entered on a judgment note where it appears that the note was signed by the defendant, and that at the time she signed it, she executed as collateral security for its payment an assignment of a portion 'of a claim against her husband’s estate, the defendant cannot be heard to say that she had no recollection of signing the note, and that if she did so, her signature was obtained by the fraud of her attorney, whom she had never authorized to borrow money for her.</p> <p>In such a case if the defendant negligently or ignorantly placed in the hands of her attorney the means through which he secured from the plaintiff the amount represented in the judgment, she, although innocent of wrong, must bear the responsibility rather than an innocent party who acted in good faith, relying upon the plain and unmistakable contents of the instruments which she had supplied.</p>