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EMALA v. WALTER G. COALE, INC.

[No. 438, September Term, 1965.]

244 Md. 159 (1966)

223 A.2d 177

EMALA v. WALTER G. COALE, INC.

Court of Appeals of Maryland.

Motion for rehearing filed November 7, 1966.

Denied November 8, 1966.

Attorney(s) appearing for the Case

Thomas L. Hennessey for the appellant.

William S. James for the appellee.

The cause was argued before HAMMOND, C.J., and HORNEY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.

HAMMOND, C.J., delivered the opinion of the Court.

Walter G. Coale, Inc. (Coale) took a judgment by confession against Emala Associates, Inc. (Associates) and "Frank J. Emala, pres." on June 1, 1959, on a promissory note for $3,412.76. Frank J. Emala, denying that he was individually liable, refused to pay the judgment. Associates has gone out of business and has had no assets. In August 1963 Coale filed a petition seeking a declaration that the judgment entered against...

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