Shure v. Goodimate Co., Inc.
| Citation | 302 Pa. 457,153 A. 757 |
| Decision Date | 26 January 1931 |
| Docket Number | 150 |
| Parties | Shure v. Goodimate Co., Inc., Appellant |
| Court | United States State Supreme Court of Pennsylvania |
Argued January 7, 1931
Appeal, No. 150, Jan. T., 1931, by defendant, from order of C.P. No. 3, Phila. Co., March T., 1930, No. 15857 discharging rule to strike off judgment, in case of Elias Shure v. Goodimate Co., Inc. Affirmed.
Rule to strike off judgment. Before FERGUSON, P.J.
The opinion of the Supreme Court states the facts.
Rule discharged. Defendant appealed.
Error assigned was order, quoting record.
The order refusing to strike off the judgment is affirmed.
Robert T. McCracken, with him Bernard A. Illoway and Harry Fischer for appellant.
Henry Aaronson, with him Simon Pearl and Maurice E. Cohen, for appellee.
Before FRAZER, C.J., WALLING, SIMPSON, KEPHART, SADLER, SCHAFFER and MAXEY, JJ.
This appeal is from an order of the court below refusing to strike off a judgment entered by confession upon warrant of attorney in pursuance of the terms of an agreement in writing between the parties. The agreement referred to provided for selection of arbitrators to determine the amount, if any, due from defendant company to plaintiff as compensation for services rendered. Among its terms it is provided that if an award be made by the arbitrators in plaintiff's favor, defendant should immediately comply with its conditions, and, upon its failure to do so, authorized any attorney to appear for it and confess judgment in plaintiff's favor for the amount awarded. The arbitrators found for plaintiff in the sum of $17,500. Upon defendant's failure to make payment of the amount awarded, judgment was entered by an attorney as provided in the agreement. Attached to the confession was a copy of the original agreement and an averment that defendant failed to make payment of the amount due after receiving notice of the award. Defendant entered a rule to strike off the judgment, and argued that, as the agreement failed to provide for an amicable action and confession, the judgment was improperly entered.
The court below did not concur in this contention and discharged the rule, saying in its opinion: ...
To continue reading
Request your trial
-
Smith v. Safeguard Mut. Ins. Co.
...on the award. In Wall's Administrators the agreement provided that judgment should be entered on the award 'by the prothonotary', and in Shure agreement contained a warrant of attorney to appear for defendant and confess judgment. Those cases do not control this case because neither a warra......
-
Federal Deposit Ins. Corporation v. Steinman, Civ. A. No. 2696.
...which may be exercised without the necessity of suit, i. e., service of process, pleading and judicial determination. Shure v. Goodimate Co., Inc., 302 Pa. 457, 153 A. 757; 34 C. J. 104. Since the Federal Rules of Civil Procedure are applicable only to "suits of a civil nature", they do not......
-
Dubbs v. Kramer
... ... T., 1930, by plaintiff, from judgment ... of C.P. No. 3, Phila. Co., March T., 1930, No. 5395, for ... defendant, on affidavit of defense in ... and vice-president of Rabiger-Kramer, Inc., entered into a ... written agreement with J. Albert Kramer, secretary ... ...