Legal Opinion

Fortune v. Bartholomei

Appellate Court of Illinois

Decided January 22, 1895PublishedCited by 3 opinions

Motion to Vacate Judgment by Confession.—Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Heard in this court at the October term, 1895.

1Opinion of the CourtJustice Shepard

The only substantial question in this case is whether a valid judgment can be entered by confession for rent due under the terms of a lease which contains a warrant of attorney purporting to authorize such confession.

The lease contained covenants to pay as follows:

“First, to pay as rent for said premises the sum of $3,533.33, payable in thirty-six installments of $100 each, in advance upon the first day of each month of said term.

Fifth, to pay (in addition to the rents above specified) all water rents and gas bills levied and charged upon said demised premises, for and during the time this…

2Cases cited1 opinion

  1. Scott v. MantonyaAppellate Court of Illinois · 1895

3Cited by3 opinions

  1. American Furniture Mart Building Corp. v. W. C. Redmon, Sons & Co.Indiana Supreme Court · 1936
  2. Goergen v. SchmidtAppellate Court of Illinois · 1897
  3. Agnew v. SextonAppellate Court of Illinois · 1900

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