Drey St. M. Co. for Use v. Nevling

Opinion by

Keller, J.,

Defendant appeals from the order of the court below refusing to strike off a judgment entered by the prothonotary pursuant to the Act of February 24, 1806, 4 Sm. L. 278, upon a note authorizing the confession of judgment “for the amount, which, from the face of the instrument, may appear to be due.”

We think the case was rightly decided on the authority of Whitney v. Hopkins, 135 Pa. 246, decided in 1890, and approved by the Supreme Court as late as 1926, in Pacific Lumber Co. v. Rodd, 287 Pa. 454, 458.

In Whitney v. Hopkins, as in this case, the obligation was for a…