Vietor v. Johnson
Vietor v. Johnson
Opinion of the Court
We cannot sustain any of the specifications of error. The principal contention was over the judgment of Yietor & Achclis, which the appellants contended was a void instrument, and did not warrant the entering of judgment and the issuing of execution: See second specification. We cannot say that it was a void instrument. It was a note for $12,500, payable to the maker or bearer, with a confession of judgment for that sum. Upon this note judgment was entered by the firm, Vie-tor & Aehelis, bearers, through their attorney. The consideration of the note was the subject of inquiry, both by the auditor and the court below, aided by the verdict of the jury in a feigned issue. We think it was entitled to participate in the distribution.
The decree is affirmed, and the appeal dismissed at the costs of the appellants.
Reference
- Full Case Name
- Vietor v. Johnson. Wood & Co.'s Appeal. Knower's Appeal
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Judgment note payable to “ myself or bearer ” — JSntry of judgment on— Validity. Judgment may be entered by the bearers, through their attorney, upon a judgment note payable to “ myself or bearer,” and execution issued thereon.