Schuck, Exrx. v. McDonald

The question presented by this appeal concerns a matter which has perplexed the bar of this state since the adjudication of Swisher v. Orrison Cigar Co., 122 Ohio St., 195, 171 N. E., 92. It has to do with the right of a payee, or rather that of a holder by assignment, of a promissory note, which contains a power of attorney authorizing the confession of judgment against the maker thereof, to procure a judgment thereon by confession against him after the death of the maker. In other words the query is: May a judgment be confessed against a dead man ?

On June 1, 1936, John A. Bachtel executed…