Holmes v. Bemis

Citations

• 124 Ill. 453
• 17 N.E. 42

Syllabus

<p>- 1. Confession of judgment—of the power—whether authorising confession in favor of an assignee. A wife gave her husband her promissory note, payable to him by name, which contained, -in the usual form, a power of attorney to confess judgment thereon in case of default of payment. The power was to any attorney of any court of record to confess a judgment in favor of said H. (the husband) & Bro., or their assigns, upon said note. The husband having assigned the same as collateral security, judgment was confessed in favor of the holder, in his name, as assignee: Held, that the words “& Bro.” would be treated as surplusage, and that the power authorized the confession of the judgment.</p> <p>2. The fact that both the payee and his assigns are named in the power, shows that its benefit was intended for the assignee as much as the payee, and such being the case, it was a matter of no consequence whether the holder derived his title mediately or immediately from the payee.</p> <p>3. Same—construction of such a power—the rule. Where the retaining of a word in a power to confess a judgment upon a note.would be to render the instrument meaningless, such word may be treated as surplusage. A construction that would render the instrument meaningless, should be avoided, if it can be upon any reasonable hypothesis. The instrument should, if possible, be so construed as to give effect to the presumed intention of the parties.</p>