Wolfgang v. Shirley

Citations

• 51 Pa. Super. 65
• 1912 Pa. Super. LEXIS 180

Syllabus

<p>Judgment — Judgment note — Accommodation note.</p> <p>1. A judgment entered on a judgment note under seal will not be opened where it appears that the defendant signed the note without its being dated, and with no name written therein as payee, and delivered it to an attorney at law, for the latter’s accommodation, and the latter filled in the name of a client from whom he had received money for investment, which he had himself appropriated, and the client .upon notice of the existence of the note in her favor, and in reliance upon it in part, ratifies the loan which the attorney had made to himself from her moneys.</p> <p>2. If one by his acts, or silence, or neglect, misleads another or in any way effects a transaction whereby an innocent person suffers loss, the blamable party must bear it.</p> <p>3. The court to which application is made to open a judgment, may judge the weight of the evidence and the credibility of the witnesses and is not bound even where there is a conflict of testimony, to send the case to a jury. The whole proceeding resolves itself into the exercise of a sound judicial discretion.</p>