Germantown Manufacturing Co. v. Rawlinson
Pennsylvania Supreme Court
491 A.2d 138 (1985)
Robert Rawlinson (defendant) was fired from The Germantown Manufacturing Company (Germantown) (plaintiff) for embezzling $327,011.22. Rawlinson told his wife, Joan (defendant), that he had taken about $20,000 from the company. A Germantown representative visited the Rawlinsons’ home and had them sign two judgment notes, consenting to the entry of judgments against them. The first note was for $160,000. The representative told the Rawlinsons that, since they had $160,000 readily available, the judgment was effectively already satisfied. The second note was for an amount established by an affidavit from the president of Germantown. The affidavit was not presented to the Rawlinsons. Germantown’s representative told the Rawlinsons that Germantown had no interest in pursuing criminal prosecution if the Rawlinsons cooperated. Later, the president of Germantown completed his affidavit, showing a total amount owed on the second note of $212,113.21, which included over $45,000 in interest. The lower court allowed Joan’s judgment on the second note to be reopened on the grounds of fraud, misrepresentation, duress, and lack of accountability for the amount included in the second note. Germantown appealed.
Rule of Law
Holding and Reasoning (Cavanaugh, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 725,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.