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STERLING ELECTRIC & FURNITURE CO. v. IREY. (04/16/59)

April 16, 1959

STERLING ELECTRIC & FURNITURE CO., TO USE, APPELLANT,
v.
IREY.



Appeal, No. 120, Oct. T., 1959, from order of Court of Common Pleas of Delaware County, Nov. T., 1951, No. 373, in case of Sterling Electric & Furniture Co., to use of Ida Tonuci, v. Mrs. Hazel Irey et al. Order affirmed.

COUNSEL

Samuel Melnick, with him Harry J. Martin, Jr., for appellant.

Maurice M. Green, for appellees.

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

Author: Watkins

[ 189 Pa. Super. Page 451]

OPINION BY WATKINS, J.

This is an appeal from an order of the Court of Common Pleas of Delaware County, making absolute a rule to strike off a judgment entered by Sterling Electric & Furniture Co., to the use of Ida Tonuci, plaintiff appellant, against Mrs. Hazel Irey and Frank Irey, appellee defendants. The note in question reads as follows:

"$1,379.88 3-21-51

"For value received, on or before March 21, 1952, the undersigned promise to pay to Sterling Electric Co., Thirteen Hundred and Seventy Nine and 88/100 Dollars, in 12 consecutive monthly installments from this date, of $each, the first of which installment is due one month from the date of this note.

"In the event of default as above described, the undersigned do hereby authorize and empower any attorney of any Court of Record of Pennsylvania or elsewhere, to appear for and to enter and confess judgment against us or either of us for the above sum, with or without declaration filed, with costs of suit, release of errors and without stay of execution."

Judgment was entered on the note on December 10, 1951. An affidavit of non-military service and a residence certificate were also filed. On May 24, 1957 a sci. fa. to revive and fi. fa. were issued. The appellees then filed their petition to strike off the judgment on the ground that failure to aver a default on entry was fatal.

The question involved, therefore, is simply whether a judgment entered on a note, such as the above, authorizing any ...


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