Chapin v. Clemitson
New York Supreme Court
On the 25th of August, 1847, a judgment was entered up against the defendant, on a bond and warrant of attorney, in the sum of $1000. The warrant of attorney was absolute on its face, -but upon the back of it there was an endorsement signed by the defendant, at the time of the execution of the warrant of attorney, stating that the judgment to be entered up thereon, was intended to secure an indebtedness for goods to be sold on the said 25th day of August, to-the amount of…
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On the 25th of August, 1847, a judgment was entered up against the defendant, on a bond and warrant of attorney, in the sum of $1000. The warrant of attorney was absolute on its face, -but upon the back of it there was an endorsement signed by the defendant, at the time of the execution of the warrant of attorney, stating that the judgment to be entered up thereon, was intended to secure an indebtedness for goods to be sold on the said 25th day of August, to-the amount of $500, and also to secure a similar amount for goods thereafter to be sold. And it was agreed that in case the plaintiff…
1Opinion of the CourtEdwards, J.
The warrant of attorney, and the endorsement upon it, taken together, constitute the agreement between the parties. It appears then, that the judgment to be entered up on the warrant of attorney, was intended to secure an indebtedness for goods to be sold on the 25th of August, the day of its execution, to the amount of $500, and also to secure a similar amount for goods thereafter to be sold. There was a further provision that, in case the plaintiff should deem himself insecure, he might issue execution for whatever might be due to him for principal and interest, and collect the same. The…
2Cited by4 opinions
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- County of Johnson v. WoodSupreme Court of Missouri · 1884
- People ex rel. Immerman v. DevlinNew York Supreme Court · 1909