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FOGEL REFRIGERATOR COMPANY v. OTERI (01/06/58)

THE SUPREME COURT OF PENNSYLVANIA


January 6, 1958

FOGEL REFRIGERATOR COMPANY
v.
OTERI, APPELLANT.

Appeal, No. 378, Jan. T., 1957, from order of court of Common Pleas No. 5 of Philadelphia County, June T., 1955, No. 3232, in case of Fogel Refrigerator Company v. Nuncie and Claire Oteri. Order affirmed.

COUNSEL

Philip P. Kalodner, with him Charles F. Mayer and Dilworth, Paxson, Kalish & Green, for appellants.

William A. Goichman, with him Max A. Daroff, for appellee.

Before Jones, C.j., Bell, Chidsey, Musmanno, Jones and Cohen, JJ.

[ 391 Pa. Page 189]

OPINION PER CURIAM

The sole question presented on this appeal is whether the court below erred in refusing to open a judgment entered on a promissory note against appellants.

A petition to open a judgment is addressed to the sound discretion of the court below and, unless an abuse of such discretion appears, its action will not be reversed: Ehnes v. Wagner, 388 Pa. 102, 130 A.2d 171; Gagnon v. Speback, 383 Pa. 359, 118 A.2d 744.

Our examination of the instant record indicates no abuse of discretion on the part of the court below.

Disposition

The order is affirmed on the able opinion of President Judge EUGNE V. ALESSANDRONI reported in 10 Pa.D. & C.2d 511.

19580106

© 1998 VersusLaw Inc.



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