Ahern v. Standard Realty Co.
Supreme Court of Pennsylvania
Appeal, No. 283, Jan. T., 1920, by plaintiffs, from order of C. P. Luzerne Co., Dec. T., 1919, No. 991, making absolute rule to strike off judgment in case of Emmy A. Ahern et al. v. Standard Realty Co. Rule to strike off judgment. From the record it appeared that, in 1912, M. J. Ahern, leased to William B. McGuire certain premises for a term of ten years.
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Appeal, No. 283, Jan. T., 1920, by plaintiffs, from order of C. P. Luzerne Co., Dec. T., 1919, No. 991, making absolute rule to strike off judgment in case of Emmy A. Ahern et al. v. Standard Realty Co. Rule to strike off judgment. From the record it appeared that, in 1912, M. J. Ahern, leased to William B. McGuire certain premises for a term of ten years. McGuire signed the lease, which contained this clause: “The lessee doth hereby confess judgment for the sum of $21,875 dollars rent and liquidated damages aforesaid, with interest, attorney’s commission of ten per cent if collected by legal…
1Opinion of the Court
Per Curiam,
The appellee is the assignee of a lease containing a warrant for the confession of judgment against the lessee for breach of its covenants. The assignment of it was accepted by the appellee “according to its full tenor and effect.” In view of these words appellants claim the right to enter judgment against the appellee; but this overlooks the fact that it signed no warrant for the confession of judgment. The warrant to confess judgment given by the original lessee is not the warrant of the appellee, his successor, and the judgment entered against it was properly stricken off as not…
2Cases cited1 opinion
- Stewart v. JacksonSupreme Court of Pennsylvania · 1897
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- Jordan v. Fox, Rothschild, O'Brien & FrankelCourt of Appeals for the Third Circuit · 1994
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