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LEBOWITZ v. KEYSTATE INSURANCE AGENCY (06/13/62)

June 13, 1962

LEBOWITZ
v.
KEYSTATE INSURANCE AGENCY, INC., APPELLANT.



Appeal, No. 377, Oct. T., 1961, from order of County Court of Philadelphia, June T., 1961, No. 5685-E, in case of Leonard Lebowitz v. Keystate Insurance Agency, Inc. Order affirmed.

COUNSEL

William J. MacDermott, with him Max R. Millman, and David Cohen, for appellant.

Joseph L. McGlynn, Jr., with him Blank, Rudenko, Klaus and Rome, for appellee.

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

Author: Watkins

[ 198 Pa. Super. Page 496]

OPINION BY WATKINS, J.

This is an appeal from the order of the County Court of Philadelphia discharging a rule to strike off a judgment entered by confession on eight notes in an aggregate amount of $2864.83, in favor of Leonard Lebowitz, the appellee and against Keystate Insurance Agency, Inc., the appellant.

The reasons alleged in the petition to strike off the judgment set forth the absence of a corporate seal and

[ 198 Pa. Super. Page 497]

    the absence of any signatures except that of "Harry Ostroff, Sec." and "Harry Ostroff"; and "that the execution of the aforesaid notes shows such absence of authority to confess judgment on behalf of the petitioner corporation as makes the judgment invalid".

Seven of the notes were executed as follows:

"Witness ... hand and seal,

Keystate Ins. Agcy., ...


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