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WOLFF v. BARTON and BARTON, INC.

409 Pa. 555 (1963)

Wolff, Appellant, v. Barton and Barton, Inc.

Supreme Court of Pennsylvania.

January 21, 1963.

Attorney(s) appearing for the Case

Paul Shalita, with him Adelman & Lavine, for appellant.

Lloyd A. Good, Jr., with him Wesley H. Caldwell, and Roper & Caldwell, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and KEIM, JJ.

OPINION PER CURIAM, January 21, 1963:

This is an appeal from an order of the court of common pleas making absolute appellee's rule to show cause why judgment should not be opened. Order affirmed. Costs to abide the event.

DISSENTING OPINION BY MR. JUSTICE COHEN:

Irving R. Barton, Jr., was indebted to his aunt in the amount of $10,000. Sometime after the debt was contracted the insurance business, which he owned and operated, was incorporated and the...

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