Legal Opinion

Ellwanger v. Agostos

Court of Appeals of Kentucky

Decided February 6, 1953Published

1Opinion of the Court

SIMS, Chief Justice.

Appellee recovered judgment against appellant for “$1400.84 with interest thereon at 5% per annum from October 8, 1936, and in the further sum of $15.” The action was based on a foreign judgment Agostos had obtained against Mrs. Ellwanger in the municipal court of Chicago, Illinois, on a cognovit note she had executed to him, and the $15 item represented court costs in that action.

The note Mrs. Ellwanger executed to Agostos contains this language, often referred to in such notes as a warrant of attorney :

“I hereby authorize, irrevocably, any attorney of any Court of Record…

2Cases cited2 opinions

  1. Wedding v. First Nat. Bank, Inc., of ChicagoCourt of Appeals of Kentucky (pre-1976) · 1939
  2. Foreman v. Illinois Hair & Feather Co.Appellate Court of Illinois · 1949

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