City National Bank & Trust Co. v. Almond

SMITH, J:

The plaintiff bank confessed judgment against the defendant, Joe Almond, for $6595.67 on an unconditional guarantee in writing on the back of a note. The note was executed by one Patrick A. Kearney and his wife, Rose, and was secured by a chattel mortgage on a Diamond T truck. The guarantee contined a warranty of attorney in the usual form authorizing any attorney to appear for the defendant and confess judgment in favor of the legal holder for such sum as appeared to be unpaid thereon together with interest, costs and 20% attorney fees. The defendant moved to open up the judgment…