Lambert v. Converse
New York Supreme Court
Motion by the plaintiffs in this action, and the plaintiffs in five other actions, and by the defendant Sawyer to set aside eleven judgments perfected against the defendants upon the confession of the defendant Converse, upon various grounds.
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Motion by the plaintiffs in this action, and the plaintiffs in five other actions, and by the defendant Sawyer to set aside eleven judgments perfected against the defendants upon the confession of the defendant Converse, upon various grounds. The plaintiffs moving are attaching creditors of Converse and Sawyer in actions commenced in this court, • for the partnership debts of the defendants, and the executions upon the judgments by confession were levied upon the joint property of"the defendants, before the issuing and levy of the attachments.
1Opinion of the Court
Allen, Justice.
The judgments by confession were entitled against both defendants (Converse and Sawyer,) and the statement and verification were signed only by Converse, and the statement in each judgment commences, “ The undersigned hereby confesses judgment,” &c., and “ autho*266rizes judgment to be entered therefor against the defendants in this cause.” Upon these statements, judgments were entered and docketed against both defendants, and executions issued in form against them, with directions therein not to levy or collect the same out of the individual property of the defendant Sawyer. The…
2Cases cited3 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- McLaughlin v. Bank of PotomacSupreme Court of the United States · 1849
- Austin v. FigueiraNew York Court of Chancery · 1838
3Cited by1 opinion
- Grant v. Van DercookNew York Supreme Court · 1869