130 Misc. 624 | N.Y. Sup. Ct. | 1927
It was stipulated between the attorneys for the respective parties that this case be tried by the court without a jury and that a verdict be directed with the same force and effect as though a jury were present. The facts, in addition to those admitted by the pleadings, were agreed upon. The action is brought upon five judgments obtained in the Court of Common Pleas for the county of Philadelphia, Penn. The original judgments were obtained upon bonds executed by defendants, which were not paid at maturity, and the amounts then due have not since been paid. Each of the bonds contains a clause as follows:
“ These are to desire and authorize you, or any of you, to appear for us, our heirs, executors or administrators, in said court or elsewhere, in an appropriate form of action, there or elsewhere brought or to be brought against us, our heirs, executors or administrators, at the suit of the said obligee, its successors or assigns, on the said obligation, as of any term or time past, present or any other subsequent term or time there or elsewhere to be held, and confess or enter judgment thereupon against us, our heirs, executors or administrators for the sum of thirty-six hundred dollars, lawful gold coin of the United States of America, of the present standard of weight and fineness, besides costs of suit, and all expenses affecting insurance as aforesaid by non sum informatus nihil dicit, or otherwise, as