Grundy County National Bank v. Westfall

Dissenting opinion by RYAN, J.

I cannot concur in the majority opinion for two reasons: First, the power to confess judgment in the guaranty agreement is unclear, ambiguous and uncertain as to the amount or any method by which the amount of the judgment can be ascertained. Second, the motion to open the judgment by confession and the affidavit and answer filed therewith by the defendant and the pleadings and depositions filed by plaintiff disclose several defenses which require that the judgment be opened and the case proceed to trial.

The power to confess judgment is contained in a general…