Gauss v. Simon

Mr. Presiding Justice McSurely

delivered the opinion of the court.

Plaintiff, seeking in an action of assumpsit to recover upon certain promissory notes or bonds, upon a trial by the court suffered an adverse judgment which she seeks to have reversed. The suit was instituted on four promissory instruments for $500 each, dated July 1, 1929, and maturing July 1, 1931, secured by a deed of trust on certain real estate. The instruments contained a power to confess judgment, which was exercised, and judgment by confession was entered July 28, 1931. Subsequently this was vacated and the case went to…