Duparquet v. Fairfield
New York Supreme Court
Appeal from Albany county court; J. C. Nott, Judge. Action in the city court of Albany by Adele Duparquet and Pierre Duparquet against Charles Fairfield, survivor of himself and John Elmendorf, deceased, lately partners trading under the name of Fairfield & Elmendorf. Judgment by default for plaintiffs, and defendant appealed to the county court, where the judgment was reversed, and plaintiffs appeal to the general term.
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Appeal from Albany county court; J. C. Nott, Judge. Action in the city court of Albany by Adele Duparquet and Pierre Duparquet against Charles Fairfield, survivor of himself and John Elmendorf, deceased, lately partners trading under the name of Fairfield & Elmendorf. Judgment by default for plaintiffs, and defendant appealed to the county court, where the judgment was reversed, and plaintiffs appeal to the general term. The verification of the complaint, the sufficiency of which was the sole question in the lower courts, was made by N. B. Spaulding, attorney for plaintiffs’; and, after…
1Opinion of the CourtLearned, P. J.
A plaintiff may allege all his complaint on information and belief, and then may verify it. In that case there is really no fact positively sworn to. This shows that the verification of a complaint (simply as a complaint) is quite different from affidavits upon which orders of arrest and the like can be granted. In the latter, there must be positive statement of facts, from which the court can form its opinion. But, in the case of a complaint, no action can be had against the defendant until he has been served with a copy, and has had an opportunity to answer; and, when he answers, he does…
2Cited by1 opinion
- Ellis v. RuggAppellate Division of the Supreme Court of the State of New York · 1904