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Judgment Note

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

A promissory note given in the usual form, and containing, in addition, a power of attorney to appear and confess Judgment for the sum therein named. On this account it is not negotiable; Sweeney V. Thickstun, 77 Pa. 131; but see Osborn V. ITawley, 19 Ohio 130. It is negotiable by the Uniform Neg. Instr. Act. For a list of states in which that act is in force, see Negotiable Instruments. It usually contains a number of stipulations as to the time of confessing the Judgment; Sherman v. Baddely, 11 111. 623; against appeal and other remedies for setting the Judgment aside; see Frasier v. Frasier, 9 Johns. <N. Y.) 80; 2 Cowp. 465; Lake V. Cook, 15 111. 356; an attorney’s commission for collection, waiver of exemption, and other conditions. It does not authorize the confession of a Judgment in favor of the original payee of the note after he had ceased to be the owner, even though he 'may have the note in his possession, and such Judgment may be attacked collaterally without violating the full tlonal Exchange Bank y.

Wiley, 195 U. S. 257, 25 Sup. Ct 70, 49 L. Ed. 184.