Moody v. Townsend — 3 Abb. Pr. 375

Majority

p. 375

MOODY a. TOWNSEND.

Supreme Court, First District;

General Term, September, 1856.

Headnote

Judgment upon Confession.—Requisites of Statement.

A statement for confession of judgment, which states generally, that the judgment was “ for goods sold ánd delivered,” or on a note “ given for goods sold and delivered,” is insufficient.

So held, on a motion by a creditor^[1] of the confessor of judgment, to set the judgment aside.

p. 376

The judgment in this case was vacated at special term, on the ground that the statement of indebtedness was insufficient. The moving party was a creditor of the debtor upon the judgment.

Lawton & Larned, for the appellant.

Devid Dudley Field, for the respondent.

Where a judgment is entered by confession, it is necessary that the sworn statement of indebtedness accompanying it should be sufficiently specific in sums, dates, and considerations to enable the other creditors of the debtor, with reasonable facility, to investigate its genuineness and protect themselves against fraud.

A general allegation that the judgment was “ for goods sold and delivered,” or on a note “ given for goods sold and delivered,” is not a compliance with requirements of the statute.

Order affirmed, without costs.