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HAAG v. KLINE (06/28/62)

June 28, 1962

HAAG
v.
KLINE, APPELLANT.



Appeal, No. 276, Jan. T., 1961, from order of Court of Common Pleas No. 5 of Philadelphia County, Dec. T., 1959, No. 1577, in case of Russell R. Haag and Donald Haag, executors of estate of Clair G. Haag, v. Alma H. Arnold Kline, also known as Alma H. Arnold, and Girard Trust Corn Exchange Bank, Provident Tradesmens Bank & Trust Co. et al. Order affirmed.

COUNSEL

Maurice W. Kail, for appellant.

Simon Lenson, for appellees.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: O'brien

[ 408 Pa. Page 70]

OPINION BY MR. JUSTICE O'BRIEN

This is an appeal by defendant from the order of the court below refusing to open a judgment confessed against her.

Defendant contends that she borrowed $12,500 in 1950, but by the fraud, deceit and connivance of her attorney and a bank officer, the agent of plaintiffs, she was induced to sign a judgment note for $25,000 and

[ 408 Pa. Page 71]

    make an assignment of her interest in a certain trust, as collateral for the loan.

The question presented on this appeal is whether the court below erred in refusing to open judgment.

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: Fogel Refrigerator Company v. Oteri, 391 Pa. 188, 137 A.2d 225 (1958); Smith v. Dale, 405 Pa. 293, 175 A.2d 78 (1961).

In January, 1960, the plaintiffs confessed judgment on the note, principal, costs and interest from October 14, 1951, amounting to $42,112.50. Defendant's interest in a trust created by her father was attached and at the audit of final account of the trustee under the inter vivos trust - the settlor, Arthur S. Arnold, and Florence A. Arnold, his wife, having died - evidence was submitted by the plaintiffs as to the validity of their claim. The judge awarded the defendant's share of the estate to plaintiffs. Subsequently, in September, 1960, the defendant filed a petition in common pleas court to ...


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