Wardell v. Eden
New York Supreme Court
Harison, in behalf of the Bank of New York, assignees of the judgment in this cause, at the last term, moved that the rule for vacating the satisfaction entered in this cause, which was granted de bene esse, in October term, 1800, (see ante, p. 121,) should be made absolute, or that an issue be directed to try the truth of *the facts on which the application was founded. The facts are sufficiently stated in the opinion of the court.
1Opinion of the CourtKent, J.
now delivered the opinion of the court. The material facts in this case are these. A bond, with a warrant of attorney to .confess judgment for the sum of 50,000 dollars, was executed by the defendant to the plaintiff on the ■20th of June last. Judgment was confessed thereon, and docketed on the 8th July, with a cessat executio for six months,. The judgment was assigned by the plaintiff, for a valuable consideration, to Nathaniel Olcott, on the 27th of July, and by him to William Roe, on the 1st of August. Considerable payments were made by the defendant to the plaintiff in the month of…
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