Crosby v. Washburn
Supreme Court of New Jersey
On rule to open a judgment entered by virtue of a warrant of attorney. The agreed facts are that on the 21st day of February, 1898, the defendant was the owner of real estate in Atlantic City, and on that day executed a mortgage to the plaintiff, in which her husband joined, to secure to the plaintiff a certain sum of money evidenced by a bond with warrant to confess judgment and a promissory note.
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On rule to open a judgment entered by virtue of a warrant of attorney. The agreed facts are that on the 21st day of February, 1898, the defendant was the owner of real estate in Atlantic City, and on that day executed a mortgage to the plaintiff, in which her husband joined, to secure to the plaintiff a certain sum of money evidenced by a bond with warrant to confess judgment and a promissory note. The conditions of the mortgage and of the bond are precisely the same, and the exact language is incorporated in the state of the case. The note matured on' the 21st day of May, 1898, and was…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The reasons assigned for setting aside this judgment fall into two groups. The first, second and third reasons raise a question of procedure; the fourth and fifth reasons go to the merits. The procedure was correct; it was *496that pointed out by the act of 1881. Gen. Stat., p. 2112. § 47. Suit on the bond accompanying a mortgage after the foreclosure of the mortgage is authorized by that statute. The fact that a note had also been given for the same debt does not take away the right of suit upon the bond given by this act. The practice upon…
2Cases cited1 opinion
- Hellyer v. BaldwinSupreme Court of New Jersey · 1890
3Cited by7 opinions
- Collins v. LewisSupreme Court of Connecticut · 1930
- First Nat. Bank v. BakerNew Mexico Supreme Court · 1919
- Hazel v. JacobsSupreme Court of New Jersey · 1910
- Wildwood Title & Trust Co. v. GeisenhonerSupreme Court of New Jersey · 1933
- Gotham Credit Corp. v. PowellUnited States District Court · 1944
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