Frye v. Jones

Citations

• 78 Ill. 627

Syllabus

<p>1. Confession of judgment under warrant of attorney. The authority to confess a judgment without process must be clear and explicit, and must be strictly pursued.</p> <p>2. A warrant of attorney, which authorizes the confession of judgment upon a note therein described, and also upon other indebtedness to be afterwards incurred by the maker of such note to the payee thereof, upon other notes made or to be made, will not authorize the confession of a judgment upon other notes payable to the same payee, and bearing the same date of the note particularly described in such warrant of attorney.</p> <p>3. In this case, there were thirteen notes, all of the same date, executed by the defendant and payable to the plaintiff, to six of which were annexed warrants of attorney, each authorizing a confession of judgment for the amount of the note to which it was annexed, and also for any further indebtedness of the defendant which might thereafter accrue to the defendant upon any note, bond, etc., made or to be made. The attorney named in the six warrants of attorney, confessed a judgment for the amount of all the thirteen notes: Held, that it was error to refuse to set aside so much of said judgment as included the amount due upon the notes to which no warrant of attorney was attached.</p>