Clements v. Gerow
New York Supreme Court
APPEALS from orders setting aside judgments entered on confession. The Middletown Bank having, on the 16th October, 1857, recovered a judgment against Daniel Gerow and others for $1525.37, moved to set aside the judgments in the above three causes, on the ground that the statements made upon confessions of the judgments were defective. The motions were heard by Justice Brown, in April, 1859, and he made orders setting aside each of the judgments, with costs.
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APPEALS from orders setting aside judgments entered on confession. The Middletown Bank having, on the 16th October, 1857, recovered a judgment against Daniel Gerow and others for $1525.37, moved to set aside the judgments in the above three causes, on the ground that the statements made upon confessions of the judgments were defective. The motions were heard by Justice Brown, in April, 1859, and he made orders setting aside each of the judgments, with costs. From these orders each of the plaintiffs above named appealed. In the case of Clements, the statement made on confession was as follows:…
1Opinion of the Court
By the Court, Hogeboom, J.
A judgment by confession, without action, may be entered in two cases : 1. For money due or to become due. 2. To secure against a contingent liability. (Code, § 382.) To accomplish this, a statement in writing must be made, and verified by the defendant, stating, 1. The amount for which judgment may be entered, and conferring authority to do so. 2. Concisely the facts out of which the debt or liability arose. 3. Showing that the sum confessed does not exceed such debt or liability. (§ 383.) This, although not the precise language, is the substance of the provisions…
2Cases cited2 opinions
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Lawless v. HackettNew York Supreme Court · 1819
3Cited by3 opinions
- Daly v. MathewsNew York Supreme Court · 1860
- Kowalewska v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893
- Schmidt v. Steinway & Hunter's Point RailroadNew York Supreme Court · 1889