Hook v. White

Supreme Court of Pennsylvania October 30, 1899

Hook v. White, 193 Pa. 397 (Pa. 1899)

44 A. 1102; 1899 Pa. LEXIS 1134

Dean, Fell, Green, McCollum, Mitchell, Sterrett

Opinion of the Court

Per Curiam,

This appeal is from the decree of the court below making absolute the rule to show cause why the judgment should not be opened as to William Blair and Mordecai Kent, two of the defendants therein.

In view of the evidence the learned judge of the common pleas was fully warranted in making the decree. It is unnecessary as well as improper at this time to review or discuss the testimony. That will be in order when the issue is tried before a jury.

Neither of the specifications is sustained. Decree affirmed and appeal dismissed at appellants’ costs.

Reference

Full Case Name: Thomas Hook and Uriah Inghram, Executors of Thomas Goodwin v. Z. G. White, alias Zaddock G. White, Wm. Blair, alias William Blair and Mordecai Kent
Status: Published
Syllabus: Principal and surety—Opening judgment—Fraud—Appeals. The Supreme Court will not reverse an order of the common pleas making absolute a rule to open a judgment against sureties on a promissory note, where the evidence tends to show that the note was given without any consideration, and for a fraudulent purpose which was known to the payee and the principal, and unknown to the sureties at the time they signed it.