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9 Abb. Pr. 214

Johnston v. McAusland

New York Supreme Court

Decided September 15, 1859

New York Supreme Court · decided 1859-09-15

The confession of judgment was in the following form: [Title of the Cause.] “ I do hereby confess judgment in this action in favor of the plaintiff for the sum of two thousand and eighty dollars and twenty-four cents, and authorize judgment to be entered therefor against me. “This confession of judgment is for a debt justly due to the plaintiff, arising upon the following facts: On or about the 18th day of December, 1858, the plaintiff lent or advanced to the defendant in…

Decided 1859-09-15

By the Court.*—Roosevelt, J. (orally).

¶1We are of opinion that the judgment was sufficiently accepted by the appellant, before the respondents recovered their judgment. The judgment by confession was entered on the 10th of the month while Johnston the plaintiff was in Europe. On the 15th of the month the attorney received a dispatch from Johnston’s partner directing him to issue execution. This was a sufficient acceptance ; and the respondents are not authorized to object to the judgment on the ground of a want of acceptance before the recovery of the second judgment.

¶2The statement contained in the confession that the loan was made on or about the 18th day of December, 1858, is sufficiently definite.

¶3The order appealed from must be reversed, with costs.

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