Freligh v. Brink
New York Supreme Court
Appeal from decision at special term, setting aside the judgment by confession in this case. Jeremiah Russell, a judgment-creditor of the defendants, Brink and Snider, moves to set aside the judgment entered by confession in this action for the insufficiency of the statement, which is in the following words: “ The above indebtedness arose on a promissory note, made by the defendants to the plaintiff, dated June 21st, 1854, in the sum of seven hundred dollars with interest;…
Read the full summary
Appeal from decision at special term, setting aside the judgment by confession in this case. Jeremiah Russell, a judgment-creditor of the defendants, Brink and Snider, moves to set aside the judgment entered by confession in this action for the insufficiency of the statement, which is in the following words: “ The above indebtedness arose on a promissory note, made by the defendants to the plaintiff, dated June 21st, 1854, in the sum of seven hundred dollars with interest; that amount of money being had by the defendants of the plaintiff, and upon which there is this day due the sum of seven…
1Opinion of the Court
Gould, Justice.
Having had occasion to pass upon quite a number of motions similar to this one, I am forced to the conclusion, that treating the decisions as going the length of the order in this case, and of those in some other reported cases in this court, makes the law commit greater actualfrauds than *91those that the provisions of the Code as to judgments by confession intended to prevent. I have never heard such a motion, where it was not perfectly apparent, and, indeed, generally, it has been conceded by the moving party, that the judgment to be avoided by the motion was perfectly fair and…
2Cited by1 opinion
- Lyon v. ShermanNew York Supreme Court · 1862