New York Supreme Court, 1809

Nichols v. Hewit

Nichols v. Hewit
New York Supreme Court · Decided August 15, 1809
4 Johns. 423

Counsel

Shepherd, for the plaintiff in error., Crary, contra.

Nichols v. Hewit

Opinion of the Court

Per Curiam.

The defendant below confessed judgment for the amount of an award, before it was published j and then the justice declared it to be in favour of the *424defendant in error, for 11 cents, and entered judgment accordingly. A confession of judgment ought to be for a certain and specified sum. The justice had no power to enter judgment, on a cognovit for an uncertain and unliquidated amount. The judgment must be reversed.

Judgment reversed.

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