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PROVIDENT T. BK. & TR. CO. v. PEMBERTON

196 Pa.Super. 180 (1961)

Provident Tradesmens Bank and Trust Company, Appellant, v. Pemberton.

Superior Court of Pennsylvania.

September 12, 1961.

Attorney(s) appearing for the Case

George F. Baer Appel, with him James J. Prendergast, Francis J. Carey, Jr., and Townsend, Elliott & Munson, for appellant.

Howard Saul Marcu, with him Daniel Marcu, and Marcu, Marcu & Marcu, for Prusky, appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

OPINION PER CURIAM, September 12, 1961:

The order is affirmed upon the opinion of Judge BURCH of the County Court of Philadelphia.

DISSENTING OPINION BY FLOOD, J.:

In the note signed by the defendant Prusky he waived "all notices to which [he] might be entitled". This clearly includes notices to which he might be entitled by custom of the trade as well as those to which he might have been entitled...

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