Publix Drug Co. v. Breyer Ice Cream Co.

Opinion by

Mr. Justice Parker,

The plaintiff in this action charged that the defendant “wilfully, maliciously and without any reason therefor” caused two judgments to be entered by confession against plaintiff to its serious damage. A jury returned a verdict for $12,000 against defendant and the court below entered judgment n. o. v. in favor of defendant. Plaintiff has appealed. The judgment must be affirmed.

On June 27,1939, Breyer Ice Cream Company entered judgments by confession on two judgment notes payable to it. One note was for $2,891.81, dated August 31,1937, signed by Publix Drug Co.…