Gregory v. FASSETT

Opinion by

Ross, J.,

These are separate appeals by husband and wife from the refusal to open a judgment entered against them by confession on a warrant of attorney contained in a judgment note given by them to the plaintiff.

In July 1946 the defendants desired to purchase a restaurant business from an Alice Nichols for the sum of $2,500. They lacked the funds however, so the plaintiff, a friend, agreed to finance the venture. The parties met at the office of plaintiff’s attorney, and plaintiff gave his check for $2,500, made out to Alice Nichols, to defendants, in return for which there was…