Aukberg v. Smith

KREMER, J.,

This matter is before the court on defendant’s petition to strike off judgment entered by confession. Decedent’s estate seeks to strike a judgment entered by confession after the maker’s death.

Samuel W. Smith signed a judgment note dated February 15, 1978, promising to pay to Abraham Aukberg $5,200 with interest at the rate of six percent. Payments were to begin March 1,1978, and to be made each succeeding week until the debt was paid. The obligor-maker, Samuel W. Smith, died on April 17, 1978. The record does not indicate whether there have been any payments made on the judgment…