Fritz v. Horten

Citations

• 243 Pa. 187
• 90 A. 58
• 1914 Pa. LEXIS 595

Syllabus

<p>Judgments — Confessed judgments — Rule to strike off — Warrant of attorney — Assignment—Assignee’s rights.</p> <p>1. A warrant of attorney for tbe confession of judgment on a bond is given in aid of tbe collection of tbe debt and when unrestricted will be construed to be as broad as tbe obligation of tbs bond and to extend to tbe owner thereof by assignment.</p> <p>2. On a petition for a rule to open or strike off a confessed judgment, it appeared that defendants bad given a bond payable to plaintiff, his attorney, executors, administrators or assigns. The warrant of attorney for tbe confession of judgment was in the usual form, except that it named nó one in whose favor judgment might be confessed. Petitioner contended- that the warrant of attorney could not be used to confess judgment after tbe assignment of tbe bond by the obligee. The court refused tbe petition, and discharged the rule. Held, no error.</p>