Haggard v. Shick
Ohio Supreme Court
1Opinion of the CourtTaft, J.
One of the four makers was deceased at the time the judgment by confession was taken. Therefore, if the warrant of attorney is construed as authorizing merely the confession of a joint judgment against the makers, there was no authority to confess any judgment against any one or more of the makers. Hoffmaster v. G. M. McKelvey Co., 88 Ohio St., 552, 106 N. E., 1061. On the other hand, if the warrant of attorney is construed as authorizing confession of a joint and several judgment, then the warrant might have justified confession of judgment against the plaintiffs herein who were sui juris at…
2Cases cited1 opinion
- Frey v. Cleveland Trust Co.Ohio Supreme Court · 1944
3Cited by5 opinions
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- Lathrem v. ForemanOhio Supreme Court · 1958
- Peoples Banking Co. v. Brumfield Hay & Grain Co.Ohio Supreme Court · 1961