Forrester v. Strauss
New York Supreme Court
Action by William Forrester, Siegfried Berger, and Oscar Friedlander, as judgment creditors of Samuel and Joseph Galiinger, against Bernard Strauss and others, to set aside, as in fraud of plaintiff, certain judgments confessed by the G-allingers in favor of defendants Strauss, Trier, and Ehrlich, and the executions issued thereon. Judgment for plaintiffs.
1Opinion of the CourtIngraham, J.
By the statement in .the confession of judgment in favor of the defendant Strauss it appears that no cause of action existed, at the time the judgment was entered, in favor of the party in whose favor the judgment was confessed. The note given by the debtor had been discounted by the bank, and was at the time held by the bank. It was the bank that was the creditor, and not the indorser of the note. No demand had been made by the bank against the indorser, as the note was not yet due, and it did not appear that the maker of the note would not pay when the note was due. The only obligation that…
2Cases cited1 opinion
- Jaffray v. SaussmanNew York Supreme Court · 1889