Claflin v. Sanger
New York Supreme Court
MOTION by a judgment creditor of the defendant, to set aside the judgment in this case for a defect in the statement of indebtedness. The judgment was entered on a confession.
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MOTION by a judgment creditor of the defendant, to set aside the judgment in this case for a defect in the statement of indebtedness. The judgment was entered on a confession. The statement of the indebtedness was as follows : “ Promissory note for a specified date and amount, which note was given to L. W. & Go. for goods, wares and merchandise theretofore purchased of L. W. & Go. by the defendant, which note was indorsed by the debtor, and came into the hands of the plaintiffs for a valuable consideration.”
1Opinion of the CourtIngraham, J.
The objection to this statement is, that it does not state the facts out of which the indebtedness arose, In all the cases it is conceded that the object of the statute was to compel the debtor to disclose so much of the transaction out of which the indebtedness arose, as to enable the creditor to form a more accurate opinion as to the integ^ rity of the debtor in confessing the judgment, and for this purpose to compel the parties to spread on the record a particular and specific statement of the facts out of which the imdebtedness arose. (Chappel v. Chappel, 2 Kernan, 215.)
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2Cases cited6 opinions
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Gandal v. FinnNew York Supreme Court · 1856
- Freligh v. BrinkNew York Supreme Court · 1858
- Post & Baldwin v. ColemanNew York Supreme Court · 1853
- Stebbins v. East Society of Methodist Episcopal ChurchNew York Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Daly v. MathewsNew York Supreme Court · 1860
- Lyon v. ShermanNew York Supreme Court · 1862