Art-Asceptible Furn. Co. v. Maratta

1 Citing case

  1. New Phila. L. Ass'n v. Druian

    101 Pa. Super. 62 (Pa. Super. Ct. 1931)   Cited 3 times

    Fanny Druian, alleging that she signed the note "as surety for her husband," filed her petition to open the judgment as to her; plaintiff answered, denying that she signed as surety for her husband and averring that the loan had been made to her. Depositions were taken, from which it appeared that $150 had been received by plaintiff on account of the loan, and the court below, after requiring plaintiff to file a remittitur "of all sums in excess of $350," discharged the rule. From this order Fanny Druian now appeals and our inquiry is whether the court below abused its discretion: The Art-Asceptible Furniture Company v. Maratta, 94 Pa. Super. 263; Saslow v. Saslow, 100 Pa. Super. 414; Reidlinger et al. v. Cameron et al., 287 Pa. 24. The makers of the note were married in January and separated in July, 1928, which may account, to some extent, for the present controversy relative to its payment. The testimony on both sides came from interested witnesses — appellant and the secretary of plaintiff — and was so equivocal, biased and confused as necessarily to leave in the mind of a reader a serious doubt relative to the real justice and equity of the case.