Superior Court of Pennsylvania, 1931

Dixonville Deposit Bank v. Marshall Federal Bakery

Dixonville Deposit Bank v. Marshall Federal Bakery
Superior Court of Pennsylvania · Decided April 15, 1931 · Trexler, Keller, Linn, Gawthrop, Cunningham, Baldrige, Drew
156 A. 629; 102 Pa. Super. 308; 1931 Pa. Super. LEXIS 167

Dixonville Deposit Bank v. Marshall Federal Bakery

Opinion of the Court

Per Curiam,

This was a petition, to open a judgment which was confessed in tbe name of tbe Marshall Federal Bakery, by George Fitzbonts. He, with J. E. Marshall, conducted tbe business under tbe above name.

Mrs. Mabel Marshall, tbe wife of J. E. Marshall, furnished the capital, or at least secured it, for tbe firm. She petitions to. open the judgment, alleging that she owned tbe business and that George Fitzbonts bad no authority to confess tbe judgment and was not a partner in tbe enterprise. Depositions were taken and tbe court came to the conclusion that she was not tbe owner of tbe business, but was merely *310 a creditor. The conclusion reached by the court was justified by the testimony submitted. Mrs. Marshall, being a mere creditor of the concern, had not, under the facts as presented to the court, any standing to ask that the judgment be opened. “It is only a non-assenting partner that can call in question the validity of a judgment confessed by his copartner for a firm debt”: Erwin’s Appeal, 39 Pa. 535; Hamilton’s Appeal, 103 Pa. 368; Evans v. Watts, 192 Pa. 112; Grier & Co. v. Hood, 25 Pa. 430.

The order of the court is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.