Double Dollar B. & L. Ass'n v. Kushin

Per Curiam,

Plaintiff entered judgment upon confession by warrant of attorney contained in defendants’ bond given as surety for the payment of a loan made to a third party. A rule to open the judgment being made absolute, the issues raised were submitted to the court below, sitting without a jury, on a stipulation of facts agreed to by the parties. Plaintiff appeals from judgment entered for defendants.

The facts pertinent to this appeal are as follows: Plaintiff building and loan association, on April 24, 1923, loaned Bobert Davis $10,000 upon his bond secured by a second mortgage on real…