Merit Acceptance Corp. v. Green

This is a motion for summary judgment based upon an Illinois judgment entered by confession. The confession was contained in a collateral promissory note executed in Illinois. The note incorporated a printed warrant or *341power of attorney authorizing any attorney of any court of record to confess judgment against the defendant. Under the laws of the State of Illinois such a judgment is valid. It would be invalid here (see Civ. Prac. Act, § 541).

Upon default on the note, a confession of judgment was entered by an attorney, apparently selected by the plaintiff here, without any service of any…