Richardson v. L. C. Fuller & Co.
Oregon Supreme Court
Appeal from Multnomah County. On the 16th day of March, 1867, in vacation, Henry Martin made a confession of judgment in behalf of himself and P. H. Martin, doing business in the name of H. Martin & Co., to L. C. Fuller and J. P. Smith, doing business under the firm name of L. C. Fuller & Co., for the sum of $3,904.67, in gold coin.
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Appeal from Multnomah County. On the 16th day of March, 1867, in vacation, Henry Martin made a confession of judgment in behalf of himself and P. H. Martin, doing business in the name of H. Martin & Co., to L. C. Fuller and J. P. Smith, doing business under the firm name of L. C. Fuller & Co., for the sum of $3,904.67, in gold coin. Richardson filed a motion in the Circuit Com! to set aside and declare void this judgment on the ground of the insufficiency of the statement therein, and because said confession of judgment and statement are not warranted by the statute,, and are not made in…
1Opinion of the CourtPrim, J.
Under our Code, page 201, section 249, where an action has been commenced, and is pending against one pr more defendants jointly liable on contract, a judgment may be given on the confession of one of the defendants, against all the defendants thus jointly liable, to be enforced against their joint property, and against the joint and separate property of the defendant making the confession. It will be seen that this provision does not apply to a voluntary confession of judgment without action pending. (Code, page 202, section 252.)
Then as there was no action pending in this case, H. Martin…
2Cases cited3 opinions
- Crane v. FrenchNew York Supreme Court · 1828
- Chappel v. . ChappelNew York Court of Appeals · 1855
- Cordier v. SchlossCalifornia Supreme Court · 1861
3Cited by3 opinions
- Bank of Shelton v. WilleyWashington Supreme Court · 1893
- Lorentz Bruun Company v. Execulodge Corp.Oregon Supreme Court · 1992
- Puget Sound National Bank v. LevyWashington Supreme Court · 1895