Ahern v. Standard Realty Co.

Supreme Court of Pennsylvania
Ahern v. Standard Realty Co., 267 Pa. 404 (Pa. 1920)
110 A. 141; 1920 Pa. LEXIS 878
Brown, Frazer, Kephart, Simpson, Walling

Ahern v. Standard Realty Co.

Opinion of the Court

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.

Reference

Cited By
19 cases
Status
Published
Syllabus
Landlord and tenant — Lease—Warrant to confess judgment — ■ Assignment of lease — Entry of judgment against assignee. Where a lease, containing a warrant for the confession of judgment against the lessee, is signed by the lessee, and subsequently the lessee assigns the lease to another who accepts it “according to its full tenor and effect,” the lessor has no right to enter judgment against the assignee, on the warrant, inasmuch as the warrant signed by the original lessee was not the warrant of the assignee.