DeRose v. Lombardi

Opinion by

Mr. Justice Roberts,

Joseph DeRose is the payee on two judgment notes totalling $25,000. The notes are dated February 16, 1950, payable one year after date, and each is signed as follows:

“Joseph Lombardi & Sons by Joseph Lombardi”

Both notes contain a warrant of attorney to confess judgment, and, upon leave of court, judgment was confessed against Joseph Lombardi, Dominic J. Lombardi, Robert Lombardi, Joseph P. Lombardi, Jr., and Joseph Lombardi & Sons. The confession of judgment was supported by affidavits alleging that at the time of execution of the notes, Joseph Lombardi & Sons…