Paddock v. Palmer
New York Supreme Court
Motion to compel plaintiff to accept an answer served in behalf of defendants. The action was brought upon contract against the defendants as alleged copartners. The answer was verified by one of them only. It was served by mail May third, and returned upon May ninth by plaintiff’s attorneys upon the ground that it was not properly verified under the provisions of section 525, Code of Civil Procedure, relating to a verification of a pleading by one of two or more parties.
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Motion to compel plaintiff to accept an answer served in behalf of defendants. The action was brought upon contract against the defendants as alleged copartners. The answer was verified by one of them only. It was served by mail May third, and returned upon May ninth by plaintiff’s attorneys upon the ground that it was not properly verified under the provisions of section 525, Code of Civil Procedure, relating to a verification of a pleading by one of two or more parties. Various preliminary objections are urged to the motion papers herein.
1Opinion of the CourtHiscock, J.
I will consider first the preliminary objections made by plaintiff’s attorneys to the motion papers.
*428The first one, that no sufficient reason is shown in the moving papers for granting the order to show cause herein, does not require any extended consideration. Such cause sufficiently appears in the affidavit based upon the length of time which must elapse before a motion upon regular notice could be made, and the danger that in the meantime judgment would be entered up against the defendants.
The second objection, that no time or place is mentioned in the order to show cause at which it is…
2Cases cited1 opinion
- Hartley v. JamesNew York Supreme Court · 1864
3Cited by15 opinions
- Miller v. Board of AssessorsNew York Court of Appeals · 1997
- People ex rel. Denney v. ClarkAppellate Division of the Supreme Court of the State of New York · 1939
- Grant v. StateNew York Court of Claims · 1948
- S. M. Hamilton Coal Co. v. WattsCourt of Appeals for the Second Circuit · 1916
- In re ColgateNew York Supreme Court · 1950
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