Lawrence v. Bowne

Decided January 15, 1801

New York Supreme Court · decided 1801-01-15

<p>Where an action was commenced before the debt was due, and an 'inquest was taken by default, the court refused to set aside the verdict, as the defendant admitted the debt to be due, at the time of making the application to set aside the verdict.</p>

Decided 1801-01-15

Per Curiam.

¶1This application is too late. There would be no use in setting aside the verdict, when the defendant admits the debt to be due. There is not an affidavit of a defence on the merits. The case of Crygier v. Lang, (1 Johns. Gas. 393,) is in point.

¶2Rule refused.