St. John & Witherell v. S. & L. W. Holmes
New York Supreme Court
Confession of judgment by one of several partners. The plaintiffs filed a declaration and entered a rule to plead, but before service of copies of the declaration upon the defendants, received a warrant of attorney under seal, executed by S. Holmes for himself and as attorney for his copartner, authorizing the confession of a judgment in favor of the plaintiffs ; and by virtue of which a judgment was accordingly entered against both defendants.
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Confession of judgment by one of several partners. The plaintiffs filed a declaration and entered a rule to plead, but before service of copies of the declaration upon the defendants, received a warrant of attorney under seal, executed by S. Holmes for himself and as attorney for his copartner, authorizing the confession of a judgment in favor of the plaintiffs ; and by virtue of which a judgment was accordingly entered against both defendants. A motion is now made to set aside the judgment and subsequent proceedings, on the ground that the warrant of attorney was executed by one partner…
1Opinion of the Court
By the Court, Nelson, Ch. J.
In Green & Mosher v. W. & T. Beals, 2 Caines, 254, the judgment was entered up on a bond and warrant of attorney, signed, as in this case, by only one of the partners, without authority from the other. It was held good against the partner giving the warrant, but inoperative as to the other if he chose to avail himself of the defect; that the *610court would not interfere except on his application, as he might acquiesce in what his partner had done $ and that even if he did apply, the court would not set aside the judgment, but simply direct the execution not to be…
2Cases cited4 opinions
- Crane v. FrenchNew York Supreme Court · 1828
- MbBride v. HaganNew York Supreme Court · 1828
- Green v. BealsNew York Supreme Court · 1804
- Pardee v. Haynes & MerriamNew York Supreme Court · 1834
3Cited by6 opinions
- Elliott v. Holbrook, Carter & Co.Supreme Court of Alabama · 1859
- Cellulose Package Mfg. Co. v. CalhounCalifornia Supreme Court · 1913
- Everson v. GehrmanNew York Supreme Court · 1854
- Waring v. RobinsonNew York Court of Chancery · 1840
- Goebel v. StevensonMichigan Supreme Court · 1876
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