Bradley v. Glass
Appellate Division of the Supreme Court of the State of New York
Appeal by Lucius Bradley, the plaintiff in the first above-entitled action and a judgment creditor of the defendant in each of the above-entitled actions, from an order of the Snjireme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Cayuga on the 19th day of February, 1897, denying his motion to vacate a confession of judgment made by the defendant, Adelbert 0. Glass, in favor of John L. Shultz and Carrie E. Wells.
1Opinion of the Court
Adams, J.:
The appellant is a judgment creditor of the defendant Glass, his judgment being subsequent in point of time to one confessed by the same defendant in favor of John L. Shultz and Carrie E. Wells; and he is endeavoring to have the prior judgment vacated upon the ground of the insufficiency of the statement upon which the confession was entered.
It is required by subdivision 2 of section 1274 of the Code of Civil Procedure that, “ If the judgment to be confessed is for money due or to become due, it must state concisely the facts out of which the debt arose ; and must show that the sum…
2Cases cited3 opinions
- Chappel v. . ChappelNew York Court of Appeals · 1855
- Wood v. . MitchellNew York Court of Appeals · 1889
- Mitchell v. . Van BurenNew York Court of Appeals · 1863
3Cited by4 opinions
- Baehre v. Rochester Dental Prosthetics, Inc.New York Supreme Court · 1982
- Cooper, Selvin & Strassberg v. Soda Dispensing Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Robinson v. HawleyAppellate Division of the Supreme Court of the State of New York · 1899
- Blackmer v. GreeneAppellate Division of the Supreme Court of the State of New York · 1897