Genden v. Bailen

Judgment for $1,286.24 was entered against M. Bailen and Dora Bailen by virtue of a power of attorney contained in a note for $1,500 executed by both parties. Dora Bailen moved that the judgment be vacated on the ground that, as shown by her affidavit, M. Bailen, her husband, had died a few days before the entry of the judgment, and the power of attorney was joint; the trial court thereupon vacated the judgment and plaintiff appeals from that order.

While the obligation in the note was joint and several, the authority to confess judgment was joint. This is conceded. But plaintiff says the…