Messick v. Mumma
Messick v. Mumma
Opinion of the Court
Opinion by
Appellant is the owner of a farm in Dauphin County which was operated in her father’s name until about the time of his death in June of 1948. He received his feed and supplies from appellee on an open account in his name but, due to his illness, on or about September 24, 1947, the account was transferred to the name of
Three years later, no payments having been made on the note and judgment having been entered thereon, execution was issued thereon on October 28, 1955. On November 16, 1955, after a levy had been made on her personal property, appellant filed a motion to open the judgment, alleging in substance that she had been coerced by Mr. Dunbar into signing the note, that it Avas agreed by Mr. Dunbar that the note Avas not to be recorded, that the amount of same had been fraudulently inserted for a larger amount than agreed to (a counterclaim for bad feed causing illness and death to her livestock not having been deducted), and that the account Avas in her name only for conA'enience, the debt actually being that of her father.
A rule Avas granted on the petition to open the judgment, depositions AA’ere taken, and the matter Avas presented to (Herman, J.) the court beloAv, avIio discharged the rule and dismissed the petition.
As pointed out by Judge Herman in a Avell-considered opinion, petitions of this kind are addressed to the
We have read carefully the petition and depositions and have studied the opinion of Judge Herman and, after doing so, are firmly convinced that he did not abuse that discretion which the law reposes in him when he entered the order from which this appeal was taken. The matters of duress and fraud are purely oath, against oath; and, once they were resolved adversely to appellant and the execution of the note established, the defenses set up by appellant relating to the denial of the debt and counterclaim also fell. Renard Linoleum and Rug Company v. Price, 191 Pa. Superior Ct. 220, 156 A. 2d 361.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.