Watkins v. . Abrahams
New York Court of Appeals
Appeal from the Supreme Court. In April, 1853, the defendant, Abrahams and Ms wife signed a statement in writing, and verified it by the oaths of both, for the purpose of confessing judgment thereon without action. The indebtedness arose upon four promissory notes, two of them made by third persons and indorsed by both the defendants, the others made by the two defendants. All of the notes had been discounted b,y the plaintiff, had matured and were dishonored.
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Appeal from the Supreme Court. In April, 1853, the defendant, Abrahams and Ms wife signed a statement in writing, and verified it by the oaths of both, for the purpose of confessing judgment thereon without action. The indebtedness arose upon four promissory notes, two of them made by third persons and indorsed by both the defendants, the others made by the two defendants. All of the notes had been discounted b,y the plaintiff, had matured and were dishonored. Upon this statement a general judgment was entered against the defendants for $1,179.47. Afterwards upon an affidavit that the husband…
1Opinion of the Court
Mason", J.
I do not see that there was any error committed in setting aside the judgment in this case, which this court can review. I do not understand that a personal judgment can be entered against a feme covert by confession. There are good reasons why this cannot be done. In the first place the common law courts in England and this country do not allow a judgment in personam to be given against a feme covert It has been so. long and well settled, that such a judgment could not be rendered against her, that it has been held erroneous, and such judgments invariably have been set aside on…
2Cited by10 opinions
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