Uhlendorf v. Kaufman
Appellate Court of Illinois
In error to the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. November 27, 1888, a judgment, by confession, for the sum of §16,217.70, was entered in the Superior Court in favor of the defendants in error and against the plaintiff in error and one Henry Sues, they then being partners under the firm name of Sues & Uhlendorf.
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In error to the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. November 27, 1888, a judgment, by confession, for the sum of §16,217.70, was entered in the Superior Court in favor of the defendants in error and against the plaintiff in error and one Henry Sues, they then being partners under the firm name of Sues & Uhlendorf. The declaration under which the judgment was entered contained two counts, each upon an instrument having embodied therein a note and a power of attorney to confess judgment. The signature to each instrument was “ Sues & Uhlendorf.” The…
1Opinion of the CourtWaterman, P. J.
While it is in this State the settled doctrine that a partner is not authorized to sign the firm name to a power of attorney to confess judgment, a judgment entered under such a power is not void but voidable only as to, and at the instance of, him whose name 1ms thus been unwarrantably made use of. Sloo v. The State Bank of Illinois, 1 Scam. 428; Lyon v. Boilvin, 2 Gilm. 629; Truitt v. Wainwright et al., 4 Gilm. 411; Lake v. Cook, 15 Ill. 353—356; Norton v. Allen, 69 Ill. 306; Hier v. Kaufman, 134 Ill. 215.
As a judgment is as to the partner by whom it was not authorized, if for a valid…
2Cases cited6 opinions
- Martin v. JuddIllinois Supreme Court · 1871
- Hier v. KaufmanIllinois Supreme Court · 1890
- Cash v. TozerSupreme Court of Pennsylvania · 1841
- Thomas v. JoslinSupreme Court of Minnesota · 1883
- Norton v. AllenIllinois Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cassem v. BrownAppellate Court of Illinois · 1898
- Anderson Transfer Co. v. FullerAppellate Court of Illinois · 1898
- Geo. W. McAlpin Co. v. FinsterwaldOhio Supreme Court · 1898