Dollar Bank v. Northwood Cheese Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding court will modify judgment and cause proper judgment to be entered where confessed judgment was entered according to contract but in excessive in amount
• noting that an opportunity to be heard does not always require a hearing, and that other procedural means exist to satisfy due process requirement
• stating that “[a] warrant to confess judgment must be explicit and will be strictly construed, with any ambiguities resolved against the party in whose favor the warrant is given”
• holding award of attorneys’ fees of 15% of judgment amount was not grossly excessive, where warrant of attorney specifically authorized amount, and Appellants provided no evidence concerning excessiveness of fee
• rejecting assertion that lack of understanding of warrant of - 11 - J-A06026-17 attorney provisions requires judgment to be opened and concluding that failure to read a confession of judgment clause will not justify avoidance of it
• attorney's fees provision of 15% enforceable where it was “specifically authorized by the warrant of attorney”

Source: CourtListener parenthetical corpus (CC0).