Schoolcraft v. Thompson
New York Supreme Court
On the 24th of November 1852, a judgment by confession, without action, was-entered in favor of Schoolcraft against Thompson upon a statement in writing and affidavit as follows: “ Supreme Court, County of Livingston:. John L. Schoolcraft against Theodore Thompson. Statement and confession of judgment without action.
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On the 24th of November 1852, a judgment by confession, without action, was-entered in favor of Schoolcraft against Thompson upon a statement in writing and affidavit as follows: “ Supreme Court, County of Livingston:. John L. Schoolcraft against Theodore Thompson. Statement and confession of judgment without action. I do hereby confess judgment in this cause in favor of John L. Schoolcraft for the sum of one thousand and twelve dollars and three cents ($1012"03), and authorize judg-• ment to be entered therefor against me. This confession of judgment is for a debt justly due to the…
1Opinion of the CourtT. R. Strong, Justice
-By Section 382 of the Code, it is provided that "a judgment by confession may be entered without action, either for money due of to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter." Section 383 provides that "a statement in writing must be made and signed by the defendant, and verified by his oath to the following effect: 1. It must state the amount for which judgment may be entered, and authorize the entry of judgment therefor. 2. If it be for money due or to become due, it must state concisely…
2Cases cited2 opinions
- Lawless v. HackettNew York Supreme Court · 1819
- Whelpley v. Van EppsNew York Court of Chancery · 1841
3Cited by1 opinion
- In re ElderDistrict Court, D. Nevada · 1870