Legal Opinion

Beekman v. Kirk

New York Supreme Court

Decided June 15, 1857PublishedCited by 2 opinions

Motion to set aside judgment by confession. On the 31st of December, 1856, the defendant signed a statement, and verified the same by his oath, whereby he confessed himself to be indebted to the plaintiff in the sum of $4,165.40, and authorized him to enter judgment thereon for that amount.

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Motion to set aside judgment by confession. On the 31st of December, 1856, the defendant signed a statement, and verified the same by his oath, whereby he confessed himself to be indebted to the plaintiff in the sum of $4,165.40, and authorized him to enter judgment thereon for that amount. It was stated, that “ the indebtedness arose on a judgment in the supreme court of the state of Hew-York, in favor of Edward Bain, Lucas Hoes and William Bain, against William Kirk and • Joseph J. Bullís, and assigned to said plaintiff, and also on a bond, executed by William Kirk and Joseph J. Bullís to…

1Opinion of the Court

Harris, Justice.

It now appears, from the affidavits read in opposition to this motion, that in January, 1843, the defendant and Joseph J. Bullís were indebted to the estate of Bastían Bain, deceased, in the sum of $1,765.06, for money loaned to them by the executors of that estate, for which sum a judgment was confessed and entered in the supreme court; that on the 17th of May, 1844, the executors duly assigned the judgment to Edward Bain ; and that he, on the 2d day of September, in the same year, assigned the judgment to the plaintiff; and that at the time this judgment was confessed, there…

2Cases cited1 opinion

  1. Wintringham v. WintringhamNew York Supreme Court · 1822

3Cited by2 opinions

  1. Claflin v. SangerNew York Supreme Court · 1859
  2. Claflin v. SangerNew York Supreme Court · 1860

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