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.
Albert F. Sabo, for appellant.
James Dessen, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.
[ 181 Pa. Super. Page 507]
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 ...