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HOUSING MTGE. C. v. TOWER DEV. & INV. C.

402 Pa. 388 (1961)

Housing Mortgage Corporation v. Tower Development & Investment Corporation, Appellant.

Supreme Court of Pennsylvania.

January 16, 1961.

Attorney(s) appearing for the Case

John A. Metz, Jr., with him C. Joseph Recht, Guy L. Warman, and Metz, Cook, Hanna & Kelly, for appellant.

Dale Cleland, with him W. Denning Stewart, and Ira Hurwick, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE BELL, January 16, 1961:

The question involved is very narrow. Where a judgment is confessed on a note in a large amount which is authorized by the judgment, but includes on its face an item which is wholly unauthorized by the warrant of attorney, is the judgment valid as to the amount properly confessed, or is the entire judgment void and should be stricken off?

Defendant petitioned to open and...

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