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FIRST PENNSYLVANIA BANKING AND TRUST CO. v. DELISE ET AL. (06/11/58)

June 11, 1958

FIRST PENNSYLVANIA BANKING AND TRUST CO.
v.
DELISE ET AL., APPELLANTS.



Appeal, No. 53, Oct. T., 1958, from order of Court of Common Pleas No. 2 of Philadelphia County, Dec. T., 1956, No. 223, in case of The First Pennsylvania Banking and Trust Company v. James DeLise et al. Order reversed.

COUNSEL

Rudolph J. DiMassa, for appellants.

Leo Francis Doyle, with him Heilner H. Gaul, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, and Watkins, JJ. (ervin, J., absent).

Author: Gunther

[ 186 Pa. Super. Page 399]

OPINION BY GUNTHER, J.

This appeal is from an order of the court below discharging defendants' rule to open judgment.

[ 186 Pa. Super. Page 400]

The First Pennsylvania Banking and Trust Company confessed judgment against the defendants. The negotiable judgment note in question was made to Babco Aluminum Products, Inc., a home improvement contracting corporation, as payee and endorsed to the plaintiff bank.

A petition to open the judgment was filed setting forth the following grounds:

1. The Babco Aluminum Products, Inc., obtained defendants' signature by fraud;

2. The consideration for the note failed;

3. The plaintiff bank had notice of dishonor ...


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