Legal Opinion

Critten v. Vredenburgh

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1896PublishedCited by 3 opinions

Appeal by The Manufacturers’ Bank of Cohoes, bj", Y., an attaching creditor of the property of the defendant, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 23d day of January, 1896, denying its- motion to vacate ■ and' set aside a judgment by confession in favor of the above-named- plaintiffs against the abovemamed defendant and the execution issued .thereon, to- the Albany county…

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Appeal by The Manufacturers’ Bank of Cohoes, bj", Y., an attaching creditor of the property of the defendant, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 23d day of January, 1896, denying its- motion to vacate ■ and' set aside a judgment by confession in favor of the above-named- plaintiffs against the abovemamed defendant and the execution issued .thereon, to- the Albany county sheriff, and to vacate the proceedings taken thereon and thereunder, and vacating-a stay of proceedings theretofore granted…

1Opinion of the Court

Putnam, J.:

The statement of the defendant upon which the judgment in this case was entered, after alleging that between the 1st day of Hard), 1893, and the 1st day of October, 1895, the plaintiffs, as co-partners in the city of Flew York, “ loaned and advanced to me divers and sundry sums of money, which I agreed to repay them with interest, and also did and performed work, labor and services for me in selling merchandise for me upon commission, and guaranteeing the accounts for the same,” set forth that, on the 1st day of October, 1895, there was an adjustment of the accounts between said…

2Cases cited5 opinions

  1. Lockwood v. . ThorneNew York Court of Appeals · 1854
  2. Wood v. . MitchellNew York Court of Appeals · 1889
  3. Freligh v. . BrinkNew York Court of Appeals · 1860
  4. Harrison v. . GibbonsNew York Court of Appeals · 1877
  5. Higgins v. . CrichtonNew York Court of Appeals · 1885

3Cited by3 opinions

  1. Blackmer v. GreeneAppellate Division of the Supreme Court of the State of New York · 1897
  2. Wild v. PorterAppellate Division of the Supreme Court of the State of New York · 1897
  3. Wild v. PorterAppellate Division of the Supreme Court of the State of New York · 1897

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