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McBANE v. CENTRAL-PENN NAT. BANK OF PHILADELPHIA

125 A.2d 167 (1956)

William J. McBANE, Sr., Rosalyn J. McBane, Petitioners, v. CENTRAL-PENN NATIONAL BANK OF PHILADELPHIA, a Corporation of the State of Pennsylvania and Renaire Corporation, a Corporation of the State of Delaware, Respondents.

Superior Court of Delaware, New Castle.

July 18, 1956.

Attorney(s) appearing for the Case

David Snellenburg, II, of Killoran & Van Brunt, Wilmington, for petitioners.

Victor J. Colombo, Wilmington, for respondents.

CAREY, Judge.

The question presented for decision is whether this Court has jurisdiction to vacate a judgment by confession entered upon a note, the signatures to which were induced by fraud or misrepresentation.

Some Delaware cases contain language suggesting that the Superior Court lacks jurisdiction to vacate a judgment by confession because of fraud, determination of such a question being within the jurisdiction

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