P. Minnig Co. v. Carter

Opinion by

James, J.,

On January 1, 1924, defendant executed in favor of the plaintiff, a demand promissory note in the sum of $600 which contained a warrant of attorney to confess judgment, but with an added stipulation “not to be entered except in default of payment.” On the back of the note were various endorsements showing payments on interest and principal, the last payment being dated July 13, 1928. On February 23, 1932, the prothonotary of Erie County entered judgment on the note without an averment of demand or default in payment. Defendant's rule to strike off the judgment was made…