Everson v. Gehrman
New York Supreme Court
Motion to set aside judgment. The defendants were partners; and were indebted to the plaintiff, who was the father of one of them. He asked the firm to confess judgment for the debt; his son was willing to, but the other partner refused.
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Motion to set aside judgment. The defendants were partners; and were indebted to the plaintiff, who was the father of one of them. He asked the firm to confess judgment for the debt; his son was willing to, but the other partner refused. Hnder these circumstances the father and son colluded to have suit brought by the father against the son’s firm, and the son, keeping the matter from the knowledge of his partner, made an offer in writing, signed in his individual name, to let the plaintiff take judgment against him. This offer plaintiff accepted, and thereupon entered judgment against both…
1Opinion of the CourtMitchell, J.
The defendant, Gehrman, moved at special term to set aside a judgment against him and J. C. Everson, .for irregularity, and also as entered by collusion between the two Eversons, and in fraud of Gehrman’s rights. The motion was denied, and the defendant Everson allowed to amend an offer to confess judgment, so that it should be in the joint names of the firm, instead of being in his name alone. The defendant Gehrman appeals.
It may fairly be inferred, from the affidavits in this case, that Gehrman became indebted to the plaintiff in the year 1853, in a sum exceeding three or four thousand…
2Cases cited7 opinions
- Denton v. NoyesNew York Supreme Court · 1810
- Egberts v. WoodNew York Court of Chancery · 1831
- Crane v. FrenchNew York Supreme Court · 1828
- Havens & Dorr v. HusseyNew York Court of Chancery · 1834
- Grazebrook v. M'CreedieNew York Supreme Court · 1832
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3Cited by6 opinions
- Scanlon v. KuehnAppellate Division of the Supreme Court of the State of New York · 1929
- Binney v. LeGalNew York Supreme Court · 1855
- Lahey v. KingonNew York Supreme Court · 1861
- Bannerman v. QuackenbushNew York Court of Common Pleas · 1886
- Bannerman v. QuackenbushCity of New York Municipal Court · 1885
1 more not listed; retrieve them via the Exa API.