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W.E. HELLER & CO. v. LOMBARD CORP.

423 Pa. 333 (1966)

Walter E. Heller & Company v. Lombard Corporation, Appellant.

Supreme Court of Pennsylvania.

November 15, 1966.

Attorney(s) appearing for the Case

Gerald S. Lesher, with him Herbert B. Sachs, and Baskin, Boreman, Sachs & Craig, for appellant.

W. Walter Braham, Jr., with him Kirkpatrick, Pomeroy, Lockhart & Johnson, for appellee.

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

OPINION BY MR. JUSTICE EAGEN, November 15, 1966:

This is an appeal from an order below refusing to strike or open a judgment, entered by virtue of a confession and warrant of attorney included in a judgment note.

The note and a chattel mortgage on a Douglas DC-3 aircraft were executed and delivered by the appellant, Lombard Corporation (Lombard), to the appellee, Walter E. Heller & Company (Heller), to secure payment of a debt arising out of a refinancing...

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