Legal Opinion

Fuller v. Straus

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1899Published

Appeal by the defendants, Ferdinand A. Straus and another, individually and as executors, etc., of Jacob Ballin, deceased, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Mew York on the 21st day of March, 1899, upon the decision of the court, rendered after a trial at the Mew York Special Term, setting aside a confession of judgment made by Moritz Ballin and another, composing the firm of Ballin Brothers,…

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Appeal by the defendants, Ferdinand A. Straus and another, individually and as executors, etc., of Jacob Ballin, deceased, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Mew York on the 21st day of March, 1899, upon the decision of the court, rendered after a trial at the Mew York Special Term, setting aside a confession of judgment made by Moritz Ballin and another, composing the firm of Ballin Brothers, to Ferdinand A. Straus and Adelaide Ballin, as executors, etc., of Jacob Ballin. deceased.

1Opinion of the Court

Rumsey, J.:

The plaintiffs, as judgment creditors of the firm of Ballin Brothers, brought this action to set aside a. confession of judgment made by the members of the firm to the executors of Jacob Ballin. Upon the trial the learned justice at Special Term held that the confession was false and untrue, and that because of such falsity it was fraudulent as to the plaintiff, and he directed a judgment setting it aside. From that judgment this appeal is taken. The statement upon which the confession was entered is as follows :

“ Prior to and on the 1st day of December, 1890, the above-named…

2Cases cited2 opinions

  1. Critten v. . VredenburghNew York Court of Appeals · 1897
  2. American Copper Co. v. LowtherAppellate Division of the Supreme Court of the State of New York · 1899

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