Wood v. Mitchell
New York Supreme Court
Action by Charles Wood against William Mitchell and others. Plaintiff sold defendant Mitchell material used by him in the construction of life-saying stations, for which he had a contract with the United States government. Plaintiff extended the time to answer for 20 days, and during such time defendant Mitchell confessed judgment in his co-defendants’ favor.
Read the full summary
Action by Charles Wood against William Mitchell and others. Plaintiff sold defendant Mitchell material used by him in the construction of life-saying stations, for which he had a contract with the United States government. Plaintiff extended the time to answer for 20 days, and during such time defendant Mitchell confessed judgment in his co-defendants’ favor. Plaintiff now prays judgment that the confessed judgment by defendant Mitchell in favor of his co-defendants be set aside as fraudulent and void as against plaintiff, and he also demands that his judgment be declared an equitable lien on…
1Opinion of the CourtBarrett, J.
I cannot accede to the proposition that confessions of judgment, given for honest debts, are to be set aside merely because they were so given after the plaintiff had extended the defendants’ time to answer in the action then pending. Mitchell had a right to prefer these creditors, and, so long as they were not parties to a fraud, their vested rights cannot be taken from them. But it was not a fraud, even upon Mitchell’s part, to pay or secure his honest debts, and, though he obtained the extension for that specific purpose, the confessions were but the exercise of a legal right. Whether the…
2Cases cited2 opinions
- Hauselt v. VilmarThe Superior Court of New York City · 1877
- Jaques v. GreenwoodNew York Court of Common Pleas · 1861
3Cited by1 opinion
- Third National Bank of Buffalo v. Buffalo Wheel Co.Appellate Division of the Supreme Court of the State of New York · 1901