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FLAGSHIP FIRST NAT. BANK, ETC. v. BLOOM

288 Pa.Super. 347 (1981)

431 A.2d 1082

FLAGSHIP FIRST NATIONAL BANK OF MIAMI BEACH, Executor of the Estate of Fred Cohen, Deceased, v. Leo I. BLOOM and Shirley R. Bloom, his Wife, Appellants. Fred COHEN v. Leo I. BLOOM and Shirley R. Bloom, his Wife, Appellants.

Superior Court of Pennsylvania.

Filed July 2, 1981.

Attorney(s) appearing for the Case

Brett A. Huckabee, Reading, for appellants.

Jay N. Abramovitch, Reading, for Flagship First Nat. Bank and Fred Cohen, appellees.

Before WICKERSHAM, HOFFMAN and VAN der VOORT, JJ.

VAN der VOORT, Judge:

The central issue is this case is whether the failure of a debtor to interpose the defense of accord and satisfaction to a revival judgment taken by default precludes the debtor from pleading such defense in a later action of Assumpsit on the debt. The lower Court held that the revival judgment became res judicata of the issue. We reverse for the reasons hereinafter stated.

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