Holland Furnace Co. v. Hasso

Alpern, J.,

The matter before the court is a motion by defendant to strike a judgment against her, confessed on a warrant of attorney. The chief reason assigned as a basis for the motion is that the record does not show by any allegation or supporting affidavit that defendant defaulted in the payment of any sum due plaintiff for the space of 10 days after the same became due and payable. It is asserted that such an allegation or affidavit, is essential to support any confession of judgment.

In support of this claim, defendant cites the warrant of attorney in the contract which reads as follows…