Von Beck v. Shuman
New York Supreme Court
Motion to set aside judgment. On the 7th day of April, 1855, the defendant signed and verified a statement, for the purpose of having judgment entered thereon, as follows:— “I, Francis C. Shuman, the above named defendant, hereby confess myself indebted to George F. Von Beck, the above plaintiff, in the sum of two thousand and seventy dollars, and interest thereon from the 4th day of April, 1855, and hereby authorize him or his executors, administrators, attorney, or assigns…
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Motion to set aside judgment. On the 7th day of April, 1855, the defendant signed and verified a statement, for the purpose of having judgment entered thereon, as follows:— “I, Francis C. Shuman, the above named defendant, hereby confess myself indebted to George F. Von Beck, the above plaintiff, in the sum of two thousand and seventy dollars, and interest thereon from the 4th day of April, 1855, and hereby authorize him or his executors, administrators, attorney, or assigns , to enter a judgment against me for that amount. “ The above indebtedness arose on promissory notes given by me, for…
1Opinion of the Court
Harris, Justice.
The statement upon which this judgment was entered entirely fails to satisfy the requirements of the statute. All we can learn from it is, that some part of the indebtedness for which the confession is made, is included in promissory notes, which had been given to the plaintiff by the defendant for a valuable consideration. The amount of these notes, together with the nature and origin of the indebtedness out of which they arose, should have been stated. We also learn from the statement, that another part of the indebtedness included in the confession consists of liabilities…
2Cases cited1 opinion
- Lawless v. HackettNew York Supreme Court · 1819
3Cited by1 opinion
- Sheldon v. StrykerNew York Supreme Court · 1861