Mason v. Moore
New York Supreme Court
Motion by defendant to change the venne. This motion was denied on a defect in defendant’s affidavit ; that part of the affidavit which swore to merits, and the part objected to, read as follows: “ that the said defendants have a good and substantial defence upon the merits to the plaintiff’s demand on the promissory note, on which this action is brought, as this deponent is advised by their said counsel, &c.”
1Opinion of the Court
Bronson, Chief Justice.
Denied the motion with $7 costs, for the defect mentioned in the affidavit.
2Cited by2 opinions
- Gold v. HutchinsonAppellate Terms of the Supreme Court of New York · 1899
- State Bank v. GillNew York Supreme Court · 1881