# Groesbeck v. Brown

> New York Supreme Court · December 15, 1845 · 2 How. Pr. 21

URL: https://www.frixlaw.com/law-library/cases/5466967

## Case

- **Full name:** John Groesbeck agt. Henry E. Brown and Ralph Johnson
- **Court:** New York Supreme Court
- **Decided:** December 15, 1845
- **Citations:** 2 How. Pr. 21
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Jewett
- **Judges:** Jewett
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5466967

## Opinion text

Jewett, Justice.
The judgment against Brown must be set aside. Whipple had no authority to confess a judgment as his attorney. Brown *has a defence on the merits, and the attorney is not responsible. It would have been competent for Johnson to have confessed a judgment under the joint debtor act, so as to bind partnership property, the declaration being served on him, ( 10 Wend. 630 ,) but that is not this case; here the judgment is against both defendants as upon a service of process upon both. Besides, there is good ground to believe that this judgment was .the result of collusion between the plaintiff’s attorneys, Johnson and Whipple.
Motion granted that the judgment and execution as against the defendant Brown be set aside, with $10 costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5466967. Public record. Not legal advice.