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FRIENDLY CONSUMER DISCOUNT CO. v. FOELL

39 N.J. Super. 410 (1956)

121 A.2d 434

FRIENDLY CONSUMER DISCOUNT CO., PLAINTIFF-APPELLANT, v. CHARLES R. FOELL AND FREDDY E. FOELL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1956.

Attorney(s) appearing for the Case

Mr. Abraham Greenberg argued the cause for plaintiff-appellant.

Mr. Martin L. Haines argued the cause for defendants-respondents (Messrs. Dimon, Haines & Bunting, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered by CLAPP, S.J.A.D.

Plaintiff, a Pennsylvania corporation, secured a judgment by confession in the Burlington County Court on defendants' bond and warrant of attorney. The court, however, on defendants' motion vacated the judgment, and plaintiff appeals. The principal question is whether a judgment taken by confession may be entered on an unmatured indebtedness.

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