Opinion
November 13, 1964.
December 31, 1964.
Practice — Judgments — Opening — Transferred judgments — Jurisdiction of court — Automobiles — Installment sales contract — Financing by dealer — Act of July 13, 1961, P.L. 592, § 1, amending Act of March 27, 1945, P.L. 83.
In a proceeding to open a transferred judgment, in which it appeared that defendant, A, an automobile dealer, was the sole owner of the business and traded under the name of B, a fictitious name; that to secure money he caused to be executed an installment sales contract for a new automobile, in which the seller was listed as B (which defendant himself owned), and which was signed on behalf of the seller by an employe, and in which the buyer was listed as A, the defendant; and that the court below, holding that defendant, A, had in fact received full consideration of the amount which he had intended to borrow under the conditional sales contract, that he had no legal defense to the obligation which he signed, either against the seller of the automobile (himself), or against a finance company with which he had been doing business and to which the contract was assigned, or against plaintiff, an assignee of the finance company for value, and that the court had jurisdiction under the Act of July 13, 1961, P.L. 592, § 1, amending the Act of March 27, 1945, P.L. 83, dismissed the petition to open judgment; it was Held that the judgment of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeals, Nos. 195 and 196, Oct. T., 1964, from judgments of Court of Common Pleas of Elk County, Feb. T., 1962, Nos. 44 and 45, in cases of Commonwealth Bank and Trust Company v. Morris L. Coudriet; and Same v. Marvin D. McClintick, trading and doing business as St. Marys Used Car Center. Judgment affirmed.
Same case in court below: 34 Pa. D. C. 2d 408.
Proceeding upon petitions of defendants and rules to show cause why judgments entered by plaintiff should not be opened.
Order entered dismissing petitions, opinion by CAMPBELL, P.J., specially presiding. Defendants appealed.
F. Cortez Bell, with him John H. Cartwright, and Bell, Silberblatt Swoope, for appellants.
Norbert J. Pontzer, with him George F. Taylor, and Pontzer Pontzer, and Taylor, McNaugher Duerring, for appellees.
Argued November 13, 1964.
The judgment of the Court of Common Pleas of Elk County is affirmed on the opinion of President Judge R. PAUL CAMPBELL, for the court below, reported at 34 Pa. D. C. 2d 408.