GRANVILLE v. GRATZER


281 A.D. 514 (1953)

George V. Granville, Respondent, v. Leopold Gratzer, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 21, 1953.


Attorney(s) appearing for the Case

Gustave I. Jahr for appellant.

Stephen Weinrib of counsel (Miller, Thierman & Krouse, attorneys), for respondent.

DORE, J. P., COHN, VAN VOORHIS and BREITEL, JJ., concur.


CALLAHAN, J.

The question is presented upon this appeal as to whether a body execution may issue on a judgment entered by confession, where no action has been brought by the creditor against the debtor. The confession in this case contained an admission that the claim arose out of a civil fraud and stipulated that the creditor was entitled to issue a body execution. In addition, it provided for the delivery of...

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