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KISKA v. ROSEN. (07/17/56)

July 17, 1956

KISKA, APPELLANT,
v.
ROSEN.



Appeal, No. 244, Oct. T., 1955, from order of Municipal Court of Philadelphia County, March T., 1953, No. 450, in case of Anthony M. Kiska v. Joseph Rosen and Milton Rosen. Order affirmed.

COUNSEL

Albert F. Sabo, for appellant.

James Dessen, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.

Author: Ervin

[ 181 Pa. Super. Page 507]

OPINION BY ERVIN, J.

The plaintiff sued in assumpsit to recover the amount of $966.66 with interest, representing the balance due on a promissory note in the principal sum of $2,000.00 on which part payments had been made totaling $1,033.34. The note reads as follows:

[ 181 Pa. Super. Page 508]

"$2000 00/100 Feb. 4, 1950

One (1) year after date we promise to pay to the order of Anthony M. Kiska

Two Thousand ... 00/100 Dollars

Payable at 936 N. Newmarket St., Phila. Without defalcation, for value ...


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