Green v. Dick

Citations

• 72 Pa. Super. 266
• 1919 Pa. Super. LEXIS 299

Syllabus

<p>Promissory notes — Negotiability — Confession of judgment — Holder in due course — Act of May IQ, 1901, P. L. 191^.</p> <p>1. A warrant of attorney authorizing confession of judgment “at any time after the above note becomes due” does not affect the negotiability of the instrument under the provisions of Section 5 of the Act of May 16,1901, P. L. 194 (Negotiable Instrument Law). An obligation otherwise negotiable does not lose its negotiable quality, by reason of a warrant of attorney authorizing the confession of judgment after the debt becomes payable.</p> <p>2. Where the title of the holder of a promissory note is not defective, the burden of proof rests upon the defendant to show that the plaintiff obtained the obligation under circumstances which would permit the makers to defend, as against the payee, and when a petition on rule to open a judgment fails to allege any such defect, the court does not err in discharging the rule.</p>