Marks v. Reynolds
New York Supreme Court
Motion to vacate a judgment entered by confession. One Silas H. Marks had obtained from the defendant a judgment upon confession, without action, for $8,345, to secure himself against contingent liabilities as the indorser of notes made by Reynolds, amounting to $4,450; and “ also, as was set forth in the statement authorizing the judgment, for the purpose of securing the said Silas Marks, as trustee, in behalf of John Yan Horn and George E. Keep, against contingent…
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Motion to vacate a judgment entered by confession. One Silas H. Marks had obtained from the defendant a judgment upon confession, without action, for $8,345, to secure himself against contingent liabilities as the indorser of notes made by Reynolds, amounting to $4,450; and “ also, as was set forth in the statement authorizing the judgment, for the purpose of securing the said Silas Marks, as trustee, in behalf of John Yan Horn and George E. Keep, against contingent liability arising out of the following facts.” The statement then set forth that Van. Horn and Keep had indorsed for Keynolds…
1Opinion of the Court
By the Court.*—Davis, J.
—The judgment sought to be set aside was confessed to Marks, the plaintiff, to secure him against a contingent liability as'indorser .for the defendant, amounting to $4,450; and also to secure him as trustee for John Yan Horn and George R. Keep, for contingent liabilities arising upon their indorsements for said Reynolds, to the amount of $3,335; and as trustee for Augustus Keep and George R. Keep to secure them for contingent liabilities as such indorsers to the amount of $560.
The points made by the appellants counsel are, first, that the statement of the. nature and…
2Cited by3 opinions
- Hackney v. WollastonSupreme Court of Minnesota · 1898
- King v. MunzerThe Superior Court of New York City · 1894
- King v. MunzerThe Superior Court of the City of New York and Buffalo · 1894