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BELL v. DORNAN. (06/11/64)

June 11, 1964

BELL, APPELLANT,
v.
DORNAN.



Appeal, No. 173, Oct. T., 1964, from order of County Court of Philadelphia, March T., 1963, No. 9595-E, in case of Margaret S. Bell, executrix of estate of William Bell, Jr., v. James G. Dornan. Order reversed.

COUNSEL

Murray C. Goldman, for appellant.

Reuben Singer, with him John R. Meade, and Meade and Singer, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Montgomery

[ 203 Pa. Super. Page 564]

OPINION BY MONTGOMERY, J.

This appeal is from an order opening a judgment entered by confession upon a judgment note dated March 5, 1954, payable in three years to the order of William Bell, Jr., and signed as follows:

Menna M. Good

(Corporate Chet B. Earle Inc. (Seal)

Seal) James G. Dornan (Seal)

On the date of the note appellant's decedent was a vice-president and treasurer of Chet B. Earle, Inc., and actively interested in the operation and management of the used car business of the corporation.James G. Dornan was the secretary and Menna M. Good was another of its vice-presidents.

William Bell, Jr., died on March 6, 1960; and on April 26, 1963, his executrix caused judgment to be confessed on the note against James G. Dornan, appellee, alone and individually. In his petition to open the judgment appellee alleged that the loan was made by Bell to the corporation, that his signature and that of Menna M. Good were affixed in their representative capacity as secretary and vice-president of the corporation, that their titles following their signatures were omitted by inadvertence, and that Bell was ...


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