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.
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.
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
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, ...