Weitz v. MacKenzie

This is an appeal from an order of the Circuit Court for Prince George’s County setting aside a confessed judgment in the amount of $60,000.00 with interest, costs and an attorney’s fee of $9,000.00, which had been entered against the appellees, Robert V. MacKenzie and Jennie MacKenzie, his wife, in favor of the appellant, Benjamin B. Weitz. Because we shall reverse the order, a brief discussion of the underlying facts is indicated.

In early July, 1973, $55,000.00 was borrowed from American National Bank of Maryland (the Bank). The note evidencing the borrowing, which by its terms was due on 1…