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3 Abb. Pr. 375

Moody v. Townsend

New York Supreme Court

Decided September 15, 1856

New York Supreme Court · decided 1856-09-15

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.

Decided 1856-09-15

Roosevelt, J.

¶1Where 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.

¶2A 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.

¶3Order affirmed, without costs.

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