Puget Sound National Bank v. Levy

Citations

• 10 Wash. 499
• 39 P. 142
• 1895 Wash. LEXIS 14

Syllabus

<p>judgment by confession — what constitutes — sufficiency of statement — verification — receiver—rights of attaching creditors.</p> <p>Where a debtor employs his own attorney to bring suit against him in behalf of a certain creditor, and consents to an entry of judgment therein, so as to work a preference in favor of such creditor, the judgment is one by confession, and must be regulated by the requirements of Code Proc., § 419, providing that a statement for judgment by confession must be verified and must contain a concise statement of the facts out of which the indebtedness arose.</p> <p>In order to warrant a judgment by confession upon a promissory note, the confession must contain a statement of the facts constituting the consideration for a promissory note.</p> <p>The fact that the indebtedness upon which judgment is confessed may be bona fide, will not excuse strict compliance with the statutory provisions governing such proceeding.</p> <p>Error in the appointment of a receiver at the instance of attaching creditors cannot beurged on appeal by a party who is not a judgment creditor.</p> <p>The act of a debtor in preferring one creditor over another does not amount in this state to a general assignment, and in a suit by certain creditors to set aside such judgment, it is erroneous for the court to order a receiver appointed in the cause to hold the property for the benefit of all the creditors of such debtor, as only the creditors participating in the action are entitled to its fruits.</p>