Dixonville Deposit Bank v. Marshall Federal Bakery

156 A. 629, 102 Pa. Super. 308, 1931 Pa. Super. LEXIS 167

• Court: Superior Court of Pennsylvania
• Decided: April 15, 1931
• Docket: Appeal 55
• Status: Published

Opinion

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 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.