Artex Manufacturing Co., Inc. v. Sam Santo and Michael S. Santo

DUFFY, Senior Circuit Judge.

Plaintiff, Artex Manufacturing Co., Inc. (Artex), obtained a judgment by confession for the final $30,000 installment of a $115,000 note executed by defendants. An amended petition and affidavits were filed by defendants seeking to open this judgment. Such proceeding was pursuant to Illinois Supreme Court Rule 276(Ill.Rev.Stat. Ch. 110A, sec. 276).

The' District Court held that the pleadings and papers filed by defendants did not disclose a prima facie defense to the demand made by plaintiff and entered an order dismissing the petition.

Defendants’ note represents a…