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LEOMPORRA v. AMERICAN BAKING COMPANY (03/21/62)

March 21, 1962

LEOMPORRA
v.
AMERICAN BAKING COMPANY, INC., APPELLANT.



Appeal, No. 355, Oct. T., 1961, from order of Municipal Court of Philadelphia County, March T., 1961, No. 4763-C, in case of Domenico Leomporra et al. v. American Baking Co., Inc. Order vacated and record remanded.

COUNSEL

Lloyd A. Good, Jr., with him Wesley H. Caldwell, and Roper & Caldwell, for appellant.

Jerome J. Verlin, with him Tullio Gene Leomporra, for appellees.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Flood

[ 198 Pa. Super. Page 547]

OPINION BY FLOOD, J.

This is an appeal from the refusal of the County Court of Philadelphia to strike from the record a judgment

[ 198 Pa. Super. Page 548]

    entered by confession upon a note. The note, dated November 30, 1960, called for the payment, ninety days after date, of $5,000 with interest at six per cent, and contained a warrant to any attorney to appear for and enter judgment against the plaintiffs for "the above sum ... and with 15% added for collection fees ..." Judgment was entered on the note on April 3, 1961, and damages were assessed as follows:

"Amount due $5000.00

Interest 100.00

Attorney's fees 750.00

Total ...


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