Whitney v. Hopkins

Citations

• 135 Pa. 246
• 19 A. 1075
• 1890 Pa. LEXIS 1179

Syllabus

<p>1. Where the amount due cannot be ascertained from the face of an instrument, containing a confession of judgment or a warrant of attorney therefor, the prothonotary cannot enter judgment upon it, under the act of February 24, 1806, 4 Sin. L. 278; Connay v. Halstead, 73 Pa. 854.*</p> <p>2. But, under said act, judgment may be entered upon a contract for the payment of money in annual instalments, containing a confession of judgment “in case default be made for the space of three mouths” in any payment, “for the whole amount unpaid on the above agreement.”</p> <p>8. Both the default and the amount due are ascertainable, in the first instance, from the face of the instrument; the holder not being required to disprove payment, hut the production of the instrument affording proof, prima facie, of the right to judgment, if upon its face any instalment appear to be three months overdue.</p> <p>4. If any payments have been made not appearing upon the paper, so that in fact there has been no default, the court, on proof thereof by defendant, would strike off the judgment; but, until the prima facies of the instrument exhibiting the default is overcome by proof, the judgment entered thereon must stand.</p>