Wood v. . Mitchell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made February 4,1889, which affirmed an order of Special Term, denying a motion on the part of the appellant, plaintiff in the action first above entitled, to set side a judgment by confession in the action second above entitled.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made February 4,1889, which affirmed an order of Special Term, denying a motion on the part of the appellant, plaintiff in the action first above entitled, to set side a judgment by confession in the action second above entitled. Said appellant recovered a judgment in his action on March 8, 1888 ; the judgment by confession was for $5,000; it was entered February 21, 1888. The facts, so far as material, are stated in the opinion. The making of the confession and entry of judgment thereon during the…
1Opinion of the CourtEarl, J.
The Code, section 1274, provides that the written statement upon which a judgment by confession may be entered, if the judgment to be confessed is for money due, or to become due, “ must state concisely the facts out of which the debt arose; ” and this was also the requirement of the Code of Procedure. (§ 383.) •
It is claimed on behalf of the moving party here that the statement upon which the judgment assailed was entered does not comply with this requirement. It is as follows: “ This confession of judgment is for a debt now justly due to the said plaintiff from me arising from the following…
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