Morris v. Bank of Commerce

Citations

• 67 Tex. 602
• 4 S.W. 246
• 1887 Tex. LEXIS 927

Syllabus

<p>1. Promissory Note.—A promissory note signed by several and endorsed! by another party provided on its face that if not paid at maturity any licensed attorney was authorized “ to appear for us in court and to accept service, waive process and confess judgment in favor of the legal holder against - for the amount of said note, and interest, with ten per cent attorney’s fees additional.” Held,</p> <p>(1) The power intended to be conferred in the note was incomplete, and it was not a necessity to give it effect that the names of all the obligors should be regarded as filling the blank, by intendment.</p> <p>(2) The instrument on its face contains nothing to commend it to favor, or to call for presumptions to perfect it.</p> <p>(3) Though the remedy perhaps intended to he given for its enforcement was harsh and stringent, it was permissible when the note was made, but the law will supply no omissions to perfect such a remedy for a creditor.</p> <p>(4) The language of the note must be strictly construed in favor of the makers.</p> <p>(5) Since by its terms the note did not authorize a confession of judg_ ment against all the makers, or against any particular one of them, such a confession of judgment against any of them, was unauthorized by any power contained in it.</p>