Ahern v. Standard Realty Co.

Supreme Court of Pennsylvania

Ahern v. Standard Realty Co.

110 A. 141, 267 Pa. 404, 1920 Pa. LEXIS 878

Supreme Court of Pennsylvania·Decided May 10, 1920·No. Appeal, No. 283·Published·Cited by 19 cases

Opinion

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 being self-sustaining: Stewart v. Jackson et al., 181 Pa. 549.

Appeal dismissed at the costs of the appellants.

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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 being self-sustaining: Stewart v. Jackson et al., 181 Pa. 549.

Appeal dismissed at the costs of the appellants.

Ahern v. Standard Realty Co., 110 A. 141, 267 Pa. 404, 1920 Pa. LEXIS 878 (Pa. 1920).

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