Mather v. Mather
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Mary Jane Mather against W. A. Mather. There was judgment by confession, which was set aside, on motion of Nelson Morris and others, junior judgment creditors of defendant (53 N. Y. Supp. 999), and plaintiff appeals.
1Opinion of the CourtGoodrich, P. J.
The confession of judgment contains the following :
‘This confession of judgment is for a debt or liability justly due and to become due to the said plaintiff from me, W. A. Mather, arising upon the following facts, viz.: The defendant has from time to time borrowed of the plaintiff money, and there is now due and to become due to this plaintiff from the defendant aforesaid the sum of forty-two hundred dollars ($4,200), for cash borrowed and interest thereon, for which plaintiff holds two promissory notes of this defendant, copies of which are hereunto set forth, viz.:
“Sloatsburgh. N. Y.,…
2Cases cited6 opinions
- Chappel v. . ChappelNew York Court of Appeals · 1855
- Wood v. . MitchellNew York Court of Appeals · 1889
- Freligh v. . BrinkNew York Court of Appeals · 1860
- Harrison v. . GibbonsNew York Court of Appeals · 1877
- Critten v. . VredenburghNew York Court of Appeals · 1897
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