National Park Bank v. Salomon
New York Supreme Court
Appeal from an order denying a motion to set aside a judgment by confession and an execution issued thereon.
1Opinion of the CourtBartlett, J.
—The supreme court possesses power to-amend a confession of judgment on motion. Union Bank v. Bush, 36 N. Y. 631, 635. This power may be exercised, notwithstanding that the effect of such amendment may be to deprive subsequent judgment creditors of rights which would otherwise be theirs. Mitchell v. Van Buren, 27 N. Y. 300. In thus amending a confession of judgment, the court merely gives the creditor the judgment which the debtor-intended to give him at the time of executing the confession. In the present case, a reference was ordered to take proof of such facts as were relevant to the…
2Cases cited24 opinions
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Robertson v. SmithNew York Supreme Court · 1821
- Lanning v. . CarpenterNew York Court of Appeals · 1859
- Cook v. . WhippleNew York Court of Appeals · 1873
- Chouteau v. MolonySupreme Court of the United States · 1854
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