Green v. Beals
New York Supreme Court
This was an application to set aside a judgment and execution. Mnott, in support of the motion, read an. affidavit by Thomas Beals, stating that he had, for a debt due from him and the other defendant, executed for himself and partner, to the plaintiffs, a bond and warrant of attorney without any authority from William Beals, to sign for him.
Read the full summary
This was an application to set aside a judgment and execution. Mnott, in support of the motion, read an. affidavit by Thomas Beals, stating that he had, for a debt due from him and the other defendant, executed for himself and partner, to the plaintiffs, a bond and warrant of attorney without any authority from William Beals, to sign for him. That these instruments were entered into upon condition of not being enforced unless William Beals, who had absconded, should do any act which might, tend to embarrass the partnership funds, and defeat the claims of the plaintiff and other fair…
1Opinion of the CourtLivingstoN, J.
The grounds of the application are, 1. That the bond and warrant, on which the judgment waa confessed, were executed by Thomas Beals for himself, and in behalf of his partner, William Beals, from whom he had no authority for that purpose.
2. That j udgment was entered in violation of an agreement, or understanding of the parties, at the time of giving the bond.
S. That the execution has issued for too much.
Our power of granting relief against warrants of attorney unduly obtained, or improperly executed, even after judgments are entered, is not denied, so that nothing remains but to examine…
2Cited by16 opinions
- Lucas v. Bank of DarienSupreme Court of Alabama · 1830
- Crane v. FrenchNew York Supreme Court · 1828
- MbBride v. HaganNew York Supreme Court · 1828
- Grazebrook v. M'CreedieNew York Supreme Court · 1832
- Shafer Bros. v. KiteCourt of Special Appeals of Maryland · 1979
11 more not listed; retrieve them via the Exa API.