Walter E. Heller & Co. v. Lombard Corp.

Opinion by

Mr. Justice Eagen,

This is an appeal from an order below refusing to strike or open a judgment, entered by virtue of a confession and warrant of attorney included in a judgment note.

The note and a chattel mortgage on a Douglas DC-3 aircraft were executed and delivered by the appellant, Lombard Corporation (Lombard), to the appellee, Walter E. Heller & Company (Heller), to secure payment of a debt arising out of a refinancing agreement entered into between the parties on November 17, 1962.1 Lombard defaulted and made no payments on the indebtedness. Heller instituted replevin…