Wilson v. Cox

Citations

• 170 Pa. 331
• 33 A. 79
• 1895 Pa. LEXIS 1409

Syllabus

<p>Jiidgment — Opening judgment — Evidence.</p> <p>A rule to open a judgment entered upon a judgment note will be made absolute, where the evidence in support of the rule tends to show that at the time the note was given plaintiff was indebted to the defendant in an amount in excess of the note, that defendant protested against giving the note, referring to an unsettled account between himself and plaintiff, and stating that plaintiff owed him; that plaintiff subsequently admitted to a disinterested witness to being indebted to defendant on an unsettled account; and that although plaintiff became insolvent shortly after the note was given, and continued so until his death, he never entered up the note, or demanded either principal or interest thereof.</p>