Kahn v. Lesser
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The defendant, Morris Lesser, and one Barnet Wisotzky were partners, under the firm name of Lesser & Wisotzky. In May, 1883, they executed at Milwaukee, Wisconsin, to Simon Kahn, since deceased, their promissory note for $3,000, payable on demand, with interest at seven per cent, until paid.
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Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The defendant, Morris Lesser, and one Barnet Wisotzky were partners, under the firm name of Lesser & Wisotzky. In May, 1883, they executed at Milwaukee, Wisconsin, to Simon Kahn, since deceased, their promissory note for $3,000, payable on demand, with interest at seven per cent, until paid. July 30, 1883, they executed to him a similar note for $1,000, payable on demand, with like interest. Annexed to each of these notes was a joint warrant of attorney in the usual form, for confessing judgment on…
1Opinion of the CourtPinNey, J.
The judgment in this case must stand, if at all, by the authority of the statute. The proceeding by •which it was entered was outside and in derogation of the common-law practice of courts, and the statute, as well as the proceedings under it, must be strictly construed. Sloane v. Anderson, 57 Wis. 131; Freeman, Judgments, § 543, and cases cited in note 2. It is well settled that the authority to confess a judgment under a warrant or power of attorney must be strictly construed. An instrument delegating such, power is ordinarily subjected to a strict interpretation, and the authority will not…
2Cases cited9 opinions
- Teel v. . YostNew York Court of Appeals · 1891
- Craighead v. . PetersonNew York Court of Appeals · 1878
- Brown v. ParkerWisconsin Supreme Court · 1871
- Sloane v. AndersonWisconsin Supreme Court · 1883
- Grubbs v. Leon & H. BlumTexas Supreme Court · 1884
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3Cited by14 opinions
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1899
- Mayer v. PickIllinois Supreme Court · 1901
- Cuykendall v. DoeSupreme Court of Iowa · 1906
- First National Bank v. TerryCalifornia Court of Appeal · 1930
- Chippewa Valley Securities Co. v. HerbstWisconsin Supreme Court · 1938
9 more not listed; retrieve them via the Exa API.