Legal Opinion

Volkenand v. Drum

Supreme Court of Pennsylvania

Decided October 5, 1891No. 114PublishedCited by 8 opinions

No. 114 January Term 1891, Sup. Ct.; court below, No. 576 October Term 1886, C. P. On August 24, 1886, the prothonotary of the court below entered judgment in favor of A. F. Yolkenand against Milton Drum, “for $750, payable one year after date,” on a note under seal bearing date April 1, 1888, signed by the defendant, whereby the latter promised to pay to the order of the plaintiff $750 one year after date, with six per cent interest, “empowering any attorney of any court of…

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No. 114 January Term 1891, Sup. Ct.; court below, No. 576 October Term 1886, C. P. On August 24, 1886, the prothonotary of the court below entered judgment in favor of A. F. Yolkenand against Milton Drum, “for $750, payable one year after date,” on a note under seal bearing date April 1, 1888, signed by the defendant, whereby the latter promised to pay to the order of the plaintiff $750 one year after date, with six per cent interest, “empowering any attorney of any court of record within the state of Pennsylvania, or elsewhere, to appear for me and confess judgment against me as of any term,…

1Opinion of the Court

Opinion,

Mr. Justice Sterrett:

The judgment in question was entered by virtue of a warrant of attorney contained in defendant’s sealed note, of which the following is a copy:

“1750.00. Hazelton, April 1, 1888.
“ One year after date I promise to pay to the order of A. F. Volkenand seven hundred and fifty dollars, with sis per cent interest, without 'defalcation, value received; and, further, I do hereby empower any attorney of any court of record, within the state of Pennsylvania or elsewhere, to appear for me and confess judgment against me as of any term, for the above sum, with costs of suit,…

2Cited by8 opinions

  1. Integrity Title Insurance, Trust & Safe Deposit Co. v. RauSupreme Court of Pennsylvania · 1893
  2. O'Maley v. PuglieseSupreme Court of Pennsylvania · 1922
  3. Pacific Lumber Co. v. RoddSupreme Court of Pennsylvania · 1926
  4. Shapiro v. MalarkeySupreme Court of Pennsylvania · 1923
  5. Crane Automotive, Inc. v. First Seneca Bank (In Re Crane Automotive, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1989

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