Acker v. Acker
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, affirming one made at Special Term, setting aside the judgment entered "by confession in this case, upon the motion of James Besson, a subsequent judgment creditor of the defendant. The statement upon which the judgment was entered was in these words: “ James Acker ) vs. James A. Acker.
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Appeal from an order of the General Term of the Supreme Court, affirming one made at Special Term, setting aside the judgment entered "by confession in this case, upon the motion of James Besson, a subsequent judgment creditor of the defendant. The statement upon which the judgment was entered was in these words: “ James Acker ) vs. James A. Acker. “I hereby confess judgment in this action in favor of James Acker, plaintiff, for the sum of three thousand five hundred and thirty-six dollars, and authorize judgment to be entered therefor against me. This confession of judgment is for debts…
1Opinion of the Court
Denio, Ch. J.
The statement upon which this judgment is confessed is. challenged on two grounds : first, that the amount professed to have been loaned .in one of the items, and the amount professed to have been advanced for the defendant’s use in the other, is not stated; the argument being that the loan or advance of a very small sum, such as one dollar, in each case, would satisfy the language of the paper; and, second, that there is a failure to state the circumstances connected with the indebtedness with the particularity required by the statute. By the law and the former practice 'of the…
2Cases cited3 opinions
- Neusbaum v. . KeimNew York Court of Appeals · 1862
- Freligh v. . BrinkNew York Court of Appeals · 1860
- Lawless v. HackettNew York Supreme Court · 1819
3Cited by2 opinions
- McHenry v. ShephardMissouri Court of Appeals · 1876
- Gray v. ForbesAppellate Division of the Supreme Court of the State of New York · 1915