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PUZZANCHERA v. GALLAGHER

256 A.2d 749 (1969)

Phil PUZZANCHERA and Theresa M. Puzzanchera, his wife, Appellants, v. Howard J. GALLAGHER, Phillip N. Toanone, Estate of Garry E. Boden, Appellees. Phil PUZZANCHERA and Theresa M. Puzzanchera, his wife, Appellants, v. Howard J. GALLAGHER, Sr., Appellee.

Supreme Court of Delaware.

July 28, 1969.

Attorney(s) appearing for the Case

Michael N. Castle of Connolly, Bove & Lodge, Wilmington, for appellants.

Wilfred J. Smith, Jr., Wilmington, for appellees.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

WOLCOTT, Chief Justice:

This is an appeal from the Superior Court's refusal to open up judgments confessed on two promissory notes executed by Phil Puzzanchera and Theresa M. Puzzanchera, his wife.

The factual background of the controversy is that the plaintiffs at one time had owned all the stock of a Pennsylvania corporation which operated a restaurant with a Pennsylvania liquor license. The business was in financial...

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