Simon v. American Tobacco Co.
U.S. Circuit Court for the District of Southern New York
At Law. Action by Louis Simon and others against the American Tobacco Company and others. On motion to compel plaintiff to accept an unverified answer.
1Opinion of the Court
WARD, Circuit Judge.
This is an action at law under section 7 of the Sherman anti-trust law (Act July 2, 1890, c. 647, 26 Stat. 210 [U. S. Comp. St. 1901, P- 3202]) to recover treble damages against two domestic corporations, defendants. The complaint -is .verified, and, the defendants having served unverified answers, the plaintiff returned them on the ground that they were not verified by an officer, as required by section 525, subd. 1, of the Code of Civil Procedure of the state of New York. The defendants now move that the plaintiff be compelled to accept the answers. .■ :. ■
Section 523 of…
2Cases cited6 opinions
- Hale v. HenkelSupreme Court of the United States · 1906
- Jack v. KansasSupreme Court of the United States · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. KnightSupreme Court of the United States · 1887
- Goff v. Star Printing Co.New York Supreme Court · 1888
- Batterman v. Journal Co.New York Supreme Court · 1899
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3Cited by1 opinion
- The Communist Party of the United States of America v. United StatesCourt of Appeals for the D.C. Circuit · 1964