D.H. OVERMYER CO. V. FRICK CO.
405 U.S. 174 (1972)
NATURE OF THE CASE: This was a dispute over a cognovit note.
FACTS: Overmyer (D) contracted with Frick (P) for an automatic refrigeration system. D
fell behind in the payments, negotiated further terms, then fell behind again, and
negotiated further terms with cognovit provisions in the last note. D stopped making
payments on the note and P entered court without notice to D and caused judgment on the note
to be issued by virtue of the warrant of attorney in the note. The attorney waived service
of process and confessed judgment. D was notified and moved to vacate the judgment. The
judgment was affirmed and the Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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