Remington v. Cummings
Wisconsin Supreme Court
JUDGMENT was entered in vacation, upon a promissory note and warrant of attorney. The declaration was in the usual form in such cases, counting upon a promissory note made by the defendants below, under the name, style aijd firm of Remington & Perry, dated the 22d day of March, A. D. 1855, and payable to the plaintiffs below or order, sixty days after date, at the State Bank of Wisconsin, for three hundred and ninety-eight dollars, with interest at the rate of ten per cent,…
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JUDGMENT was entered in vacation, upon a promissory note and warrant of attorney. The declaration was in the usual form in such cases, counting upon a promissory note made by the defendants below, under the name, style aijd firm of Remington & Perry, dated the 22d day of March, A. D. 1855, and payable to the plaintiffs below or order, sixty days after date, at the State Bank of Wisconsin, for three hundred and ninety-eight dollars, with interest at the rate of ten per cent, per annum. With the declaration was filed a warrant of attorney as follows : “ Know all men by these presents, that…
1Opinion of the Court
*141 By the Court,
WhitoN, C. J.
Tbe authorities cited by the plaintiffs in error show conclusively that one partner cannot bind his copartner by a warrant of attorney under seal to confess a judgment, unless he is specially authorized. But in this case there is nothing in the record to show that the warrant of attorney was so executed. All that appears is, that the warrant of attorney is subscribed in the partnership name, but whether the signing was the act of one or both of the partners does not appear.
If, as is contended by the plaintiffs in error, the signing of the warrant of attorney was the…
2Cited by10 opinions
- Anderson v. SloaneWisconsin Supreme Court · 1888
- Wanzer v. HowlandWisconsin Supreme Court · 1859
- Scheer v. KeownWisconsin Supreme Court · 1874
- Soper v. FryMichigan Supreme Court · 1877
- Wadsworth v. WillardWisconsin Supreme Court · 1867
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