Travelers Express Co. v. Segall

Opinion by

Woodside, J.,

The defendant in this case filed a petition to open or strike off the judgment which had been entered against him by confession. The court below opened it, but refused to strike it off. The plaintiff appealed the order opening; no appeal was taken by the defendant from the order refusing to strike.

The parties had entered into a written agreement whereby the defendant was to sell the plaintiff’s money orders, and transmit to it the proceeds less a commission for his services. The agreement contained a power of attorney to confess judgment “for such proceeds of the sale…