Gale v. Chase
New York Supreme Court
IN error on certioraru The plaintiff in error, having r ■ . ° beeti taken by a warrant, issued against him at the suit of the defendant in error: On the 2d of June, 1807, he indorsed, on the back of the warrant, a written request to ... . , . , . „ . the justice, to enter up judgment against him, tor whatever demand the plaintiff should have against him, to the satisfaction of the justice.
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IN error on certioraru The plaintiff in error, having r ■ . ° beeti taken by a warrant, issued against him at the suit of the defendant in error: On the 2d of June, 1807, he indorsed, on the back of the warrant, a written request to ... . , . , . „ . the justice, to enter up judgment against him, tor whatever demand the plaintiff should have against him, to the satisfaction of the justice. On the 8th day of June, he called on the justice, and informed him, that he had given such a writing to the constable who served the warrant: . but that since he gave the confession to the officer, he had…
1Per curiam
The authority to the justice to enter up the judgment, must be considered as a parol authority, and revocable by the defendant. What he stated to the justice, amounted to a revocation,"and a trial ought to have been had, to ascertain the amount due to the plaintiff, The judgment below must be reversed.
Judgment reversed.
2Cited by1 opinion
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