Lyon v. Sherman
New York Supreme Court
Motion to vacate three judgments entered on confession. On the 22d of Hovember, 1861, three judgments were entered in the Supreme Court against Austin Sherman on confession.
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Motion to vacate three judgments entered on confession. On the 22d of Hovember, 1861, three judgments were entered in the Supreme Court against Austin Sherman on confession. The first judgment was in favor of Ephraim Lyon, for $3,471.42. The confession, after setting forth the usual formal averments, was : “ The said sum of $3,471.42 is the balance due the said plaintiff of various sums of money lent and advanced by him to the said defendant during the last three years, and includes interest upon such loans and advances to this date.” The second judgment was in favor of Harriet Tuttle, for…
1Opinion of the CourtBarnard, J.
According to the cases of Claflin a. Sanger (11 Abbotts' Pr., 338; S. C. at Chambers, 31 Barb., 36), Moody, a. Townsend (3 Abbotts’ Pr., 375), and Davis a. Morris (21 Barb., 152), all decided by the Supreme Court of this district, the confessions of judgment in these actions are insufficient. But, I think, the cases of Freligh a. Brink* (22 N. Y., 418), and Banning a. Carpenter (20 Ib., 447), have overruled the above cases in this district.
The principle in the above two cited cases in the Court of Appeals will sustain the judgments in these actions.
Motion denied, with $10 costs.
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2Cases cited4 opinions
- Freligh v. . BrinkNew York Court of Appeals · 1860
- Freligh v. BrinkNew York Supreme Court · 1858
- Claflin v. SangerNew York Supreme Court · 1859
- Freligh v. BrinkNew York Supreme Court · 1858