Williams v. Wheeler
New York Supreme Court
In this case, P. Reynolds, for the defendant, moved to set aside a judgment entered on bond and warrant of attorney, and an execution issued thereon, oh two grounds; 1st, fraud in obtaining it; and 3d, irregularity in entering it. The allegation of fraud was fully met by the counter affidavits, arid, was abandoned on the argument.
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In this case, P. Reynolds, for the defendant, moved to set aside a judgment entered on bond and warrant of attorney, and an execution issued thereon, oh two grounds; 1st, fraud in obtaining it; and 3d, irregularity in entering it. The allegation of fraud was fully met by the counter affidavits, arid, was abandoned on the argument. The irregularity consisted in this : that when the attorney left the record, on the 17th of August, at the clerk’s office, he omitted to leave the warrant of attorney, but left it the next day, in the office, from which it was taken away, by mistake, by an attorney…
1Opinion of the CourtEdmonds, J.
In this case, the defendant being indebted to the plaintiff in some three or four thousand dollars, upon the promise of giving security by bond and warrant of attorney for that debt, obtained from his creditor $600 more; and after *50deliberating as to the nature of the security, he, with a perfect understanding of what he was about, executed the bond and warrant of attorney, authorizing a judgment to be entered against him, and an execution to be forthwith issued thereon. Having thus secured to himself all the benefits that could be derived from the arrangement, he now asks, because of some…
2Cases cited10 opinions
- The President, Directors and Company of the Bank of the Commonwealth of Kentucky, in Error v. John Ashley and John EllaSupreme Court of the United States · 1829
- Close v. GillespeyNew York Supreme Court · 1808
- President, Directors, & Co. of the Mechanics' Bank v. MinthorneNew York Supreme Court · 1821
- Cheetham v. TillotsonCourt for the Trial of Impeachments and Correction of Errors · 1808
- Prevost v. NichollsSupreme Court of Pennsylvania · 1808
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