TROUT v. LUKEY


402 Pa. 123 (1961)

Trout, Appellant, v. Lukey.

Supreme Court of Pennsylvania.

January 4, 1961.


Attorney(s) appearing for the Case

Milton D. Rosenberg, with him Bloom, Bloom & Yard, for appellant.

F.G. Conte, with him George B. Stegenga, for appellees.

Before JONES, C.J., MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION BY MR. JUSTICE BOK, January 4, 1961:

This is plaintiff's appeal from the sustaining of preliminary objections in the nature of a demurrer to an amended complaint in equity.

The complaint avers that plaintiff, as executor of the Estate of Walenty Fleszar, confessed judgment against defendants on a judgment note for $12,500 dated June 28, 1954, and given by them to Fleszar before his death, which occurred on February 16, 1957.

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