Nichols v. Chapman
New York Supreme Court
In May, 1832, the defendant executed a bond and warrant of attorney, authorizing the confession of a judgment in the penal sum of $10,000, the condition of the bond being for the payment of $5000. On the 10th of August, the defendant died. On the 20th August, letters of administration were granted on his estate.
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In May, 1832, the defendant executed a bond and warrant of attorney, authorizing the confession of a judgment in the penal sum of $10,000, the condition of the bond being for the payment of $5000. On the 10th of August, the defendant died. On the 20th August, letters of administration were granted on his estate. On the 11th October, judgment was entered upon the warrant as of July term preceding, the death of the defendant being suggested on the record, and on the 15th October an execution, tested as of July term and returnable at the October term, was delivered to the sheriff and levied on…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The general rule is, that the death of either party to a warrant of attorney is a revocation of it; but this rule does not apply where a judgment entered upon such warrant can be made good by relation. Thus, if a person who has executed a bond and warrant of attorney to confess judgment die during a vacation, judgment may be entered against him during the same vacation as of the preceding term, and it will be valid by the common law. 1 Dunlap, 364, and cases cited. And upon the same principle, the execution at common law might have issued if tested before the death…
2Cited by20 opinions
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- Manchester and Hull v. . HerringtonNew York Court of Appeals · 1854
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