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PRESTRESSED STRUCTURES v. BARGAIN CITY (01/07/64)

January 7, 1964

PRESTRESSED STRUCTURES, INC., APPELLANT,
v.
BARGAIN CITY, U.S.A.



Appeal, No. 327, Jan. T., 1962, from order of Court of Common Pleas No. 3 of Philadelphia County, Dec. T., 1961, No. 4463, in case of Prestressed Structures, Inc. v. Bargain City, U.S.A., Inc. Order reversed.

COUNSEL

Tom P. Monteverde, with him Bernard G. Segal, and Schnader, Harrison, Segal & Lewis, for appellant.

Thomas D. McBride, with him Howard Gittis, and Wolf, Block, Schorr and Solis-Cohen, for appellee.

Jack B. Justice Carl W. Funk, and Drinker, Biddle & Reath, for amicus curiae.

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

Author: Roberts

[ 413 Pa. Page 263]

OPINION BY MR. JUSTICE ROBERTS

On February 28, 1962, Prestressed Structures, Inc. caused an attorney to confess judgment against Bargain City, U.S.A., Inc., on a note for $397,425.91, less a sum paid on account, plus interest and attorney's fees. On May 1, 1962, the Court of Common Pleas No. 3 of Philadelphia County granted a motion to strike

[ 413 Pa. Page 264]

    the judgment as being void on its face. This appeal followed.

The note is dated June 1, 1961, payable one day after date, and is executed as follows:

"BARGAIN CITY, U.S.A., Inc. (L.S.)

(s) Wm. H. Sylk (L.S.) William H. Sylk, ...


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