Independent Brewing Ass'n v. Powers

This is an appeal from an order overruling a motion to set aside a judgment by confession for rent due by the terms of a lease. The lease contained a power of attorney to confess judgment. The signatures to the lease were as follows:

“ James Gf. Powers. [Seal.]

“ Independent Brewing Assn. [Seal.]

“ J. Henry Zitt, Sec’y.”

Appellant’s counsel, in their argument, say: “ The appeal in this case presents but one question, and that is, whether an officer of a corporation has power to execute a warrant to confess judgment against such corporation, without warrant given him by the board of directors so…