Anderson v. Shutts
Appellate Division of the Supreme Court of the State of New York
Appeal by Harriet A. Lockwood, as executrix, etc., of Jordan W. Lockwood, deceased, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county -of Columbia on the 2d day of May, 1906. This is an appeal from an order denying a motion made by Harriet A. Lockwood, as executrix of the last will and testament of Jordan W. Lockwood, deceased, a judgment creditor of the defendant Chester Shutts, individually and as…
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Appeal by Harriet A. Lockwood, as executrix, etc., of Jordan W. Lockwood, deceased, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county -of Columbia on the 2d day of May, 1906. This is an appeal from an order denying a motion made by Harriet A. Lockwood, as executrix of the last will and testament of Jordan W. Lockwood, deceased, a judgment creditor of the defendant Chester Shutts, individually and as administrator of the estate of his wife, Mary Shutts, to vacate a judgment against him and his wife, entered upon their…
1Opinion of the Court
Chester, J.:
Section 1274 of the Code of Civil Procedure provides in subdivision 2 thereof that “ if the judgment to be confessed is for money due * * * it must state concisely the facts out of which the debt arose and must show that the sum confessed therefor is justly due * * *.” The only attack made upon this confession is that it is insufficient under this provision and is for an excessive amount.
The confession does not rest upon the statement that the indebtedness arose upon the promissory'note set out, but it goes further than that, and after stating that it arose upon such note and…
2Cases cited3 opinions
- Teel v. . YostNew York Court of Appeals · 1891
- Wood v. . MitchellNew York Court of Appeals · 1889
- Freligh v. . BrinkNew York Court of Appeals · 1860
3Cited by1 opinion
- Shenson v. I. Shainin & Co.Appellate Division of the Supreme Court of the State of New York · 1935