Norris v. Denton
New York Supreme Court
APPEAL from a judgment entered at a special term, upon the report of a referee. The action was brought to re- , cover $312.44, the surplus moneys arising from a sale of premises under a'mortgage executed by the defendant Wood, which amount was in the hands of the defendant Welles, and was claimed by the plaintiff as a judgment creditor of the defendant Wood.
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APPEAL from a judgment entered at a special term, upon the report of a referee. The action was brought to re- , cover $312.44, the surplus moneys arising from a sale of premises under a'mortgage executed by the defendant Wood, which amount was in the hands of the defendant Welles, and was claimed by the plaintiff as a judgment creditor of the defendant Wood. On the 1st of February, 1852, Henry Wood, ■ one of the defendants, executed and delivered to Charles C. Sheppard, a mortgage on certain real estate owned by Wood in Penn Tan, to secure the payment of a certain debt, which mortgage was…
1Opinion of the CourtE. Darwin Smith, J.
The first error complained of in the decision of the referee on the trial of this action was committed, as is claimed, in overruling the objection of the appellants to the proof of the plaintiff’s judgment. This judgment was entered upon a confession, pursuant to sections 382 and 383 of the code.
The statement signed by the defendant showing the consideration for the judgment was clearly defective, according to the decisions in the case of Chappel v. Chappel, (2 *122Kernan, 211,) and in 12 Howard, 141 and 410, and numerous other cases in this court. The counsel for the defendants Denton claims…
2Cases cited1 opinion
- Dunham v. . WatermanNew York Court of Appeals · 1858
3Cited by5 opinions
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