Roman Automobile Co. v. Miller

Citations

• 28 Del. 586
• 5 Boyce 586
• 95 A. 654
• 1915 Del. LEXIS 51

Syllabus

<p>Judgment—Judgment by Confession—Warrant of Attorney—Amount Due.</p> <p>Rev. Code 1852, amended to 1893, p. 290, c. 37, § 5, providing that it shall be the duty of the prothonotary, on application by the obligee or assignee of a bond containing a warrant of attorney to confess judgment, to enter judgment for the amount which, from the face of the bond, may appear to be due, does not authorize judgment by confession under a power of attorney contained in an agreement for the rent of an automobile, payment for which was to be made by installments, where no penalty was contained in the agreement, and the amount due thereon, which was for unpaid rent, could not be ascertained from the face of the instrument.</p>