Lyon v. Sherman

Decided May 15, 1862

New York Supreme Court · decided 1862-05-15

Motion to vacate three judgments entered on confession. On the 22d of Hovember, 1861, three judgments were entered in the Supreme Court against Austin Sherman on confession. The first judgment was in favor of Ephraim Lyon, for $3,471.42.

Decided 1862-05-15

Barnard, J.

¶1According to the cases of Claflin a. Sanger (11 Abbotts' Pr., 338; S. C. at Chambers, 31 Barb., 36), Moody, a. Townsend (3 Abbotts’ Pr., 375), and Davis a. Morris (21 Barb., 152), all decided by the Supreme Court of this district, the confessions of judgment in these actions are insufficient. But, I think, the cases of Freligh a. Brink* (22 N. Y., 418), and Banning a. Carpenter (20 Ib., 447), have overruled the above cases in this district.

¶2The principle in the above two cited cases in the Court of Appeals will sustain the judgments in these actions.

¶3Motion denied, with $10 costs.

¶4 The case of Freligh a. Brink, 22 N. Y., 418, reverses S. C., 30 Barb., 144, and 16 How. Pr., 272 ; and affirms S. C., 18 How. Pr., 89.