Illinois Watch Co. v. Payne
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, The Illinois Watch Company and others,, from a judgment of the Supreme Court in favor of the defendant Louise Nellis, entered in the office of the clerk of the county of New York on the 6th day of December, 1898, upon the decision of the court rendered after a trial at the New York Special Term, dismissing the complaint. as against the defendant Louise Nellis, adjudging valid the confession of judgment in her favor made by the-defendants William H.…
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Appeal by the plaintiffs, The Illinois Watch Company and others,, from a judgment of the Supreme Court in favor of the defendant Louise Nellis, entered in the office of the clerk of the county of New York on the 6th day of December, 1898, upon the decision of the court rendered after a trial at the New York Special Term, dismissing the complaint. as against the defendant Louise Nellis, adjudging valid the confession of judgment in her favor made by the-defendants William H. Payne and Frederick D. Steck, and entitling-her to judgment against the sheriff upon funds in his hands.
1Opinion of the Court
O’Brien, J.:
The facts relating to this controversy are given in the opinion upon the former appeal (11 N. Y. Supp. 408), where the judgment as-*522■against the defendant Louise Nellis was reversed and a new trial ordered. Upon the new trial we have, in addition to the former record which was admitted by stipulation, the testimony of the defendant Louise Nellis and that of her attorney; and it remains to determine whether such evidence supports the conclusion reached by the trial judge in upholding the confession of judgment in her favor.
The confession of judgment given her, and sworn to on…
2Cases cited1 opinion
- Illinois Watch Co. v. PayneNew York Supreme Court · 1890