D.H. Overmyer Co. v. Frick Co.

405 U.S. 174 (1972)


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.