SOLEBURY NAT. BK., NEW HOPE v. CAIRNS


252 Pa.Super. 45 (1977)

380 A.2d 1273

SOLEBURY NATIONAL BANK OF NEW HOPE v. Benjamin F. CAIRNS, III, Appellant, and William C. Kratz.

Superior Court of Pennsylvania.

Decided December 2, 1977.


Attorney(s) appearing for the Case

Thomas C. Branca, Lansdale, for appellant.

Kenneth R. Williams, Doylestown, with him John A. Lord, Norristown, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.


HOFFMAN, Judge:

Appellant contends that the lower court erroneously refused to strike or open a confessed judgment because (1) he did not personally sign the note containing the authorizing warrant of attorney, and (2) the record reveals that he had not actually defaulted on his contractual obligations. We believe that the lower court erred in refusing to strike the confessed judgment because appellant did not sign the note containing a warrant of attorney in his...

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