Utter v. McLean
New York Supreme Court
Appeal from special term, New York county. The plaintiff, Sam. S. Utter, obtained a judgment against the defendants, Alexander McLean and Frank T. Brown. Subsequently William D. Southard, George W. Bobertson, and William Corry also obtained a judgment against the same defendants, and moved to set aside the senior judgment of Utter on the ground of fraud. The motion was denied, and from the order denying the motion the moving parties appeal.
1Opinion of the Court
Van Brunt, P. J
A motion was made on behalf of one Southard and others, who were judgment creditors of one Alexander McLean and one Elizabeth A. McLean, upon which judgment-they had duly issued an execution to set aside a confession of judgment made in favor of plaintiffs herein by the said Alexander McLean and one Frank T. Brown, upon the ground that said confession of judgment was fraudulently entered. No affidavits denying the fraud were offered in support of the judgment, and upon the hearing the court denied the motion, and from the order thereupon entered this appeal is taken.
The points…
2Cases cited5 opinions
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Chappel v. . ChappelNew York Court of Appeals · 1855
- Miller v. . EarleNew York Court of Appeals · 1861
- Frasier v. FrasierNew York Supreme Court · 1812
3Cited by2 opinions
- Hubbell v. HardyNew York Supreme Court · 1916
- National Park Bank v. SalomonNew York Supreme Court · 1889