Morris v. Fowler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles H. Fowler, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 30th day of July, 1904, denying the defendant’s motion to compel the plaintiffs to accept his unverified answer and to set aside any judgment that may have been entered against him in the above-entitled action.
1Opinion of the Court
Patterson, J.:
This is a motion to compel the plaintiffs to accept an unverified answer and to set aside any judgment entered on default of service of an answer. The action is for goods sold and delivered and the allegations are positive, and none on information and belief. There is an attempted verification of the complaint made by Mr. Byrne, the attorney for the plaintiffs, and it is peculiar in form. He says that he resides in the borough of Manhattan and that lie is the the plaintiffs’ attorney; “ that he has read the foregoing complaint, and that the same is true of his own knowledge and…
2Cases cited2 opinions
- Kieley v. Barron & Cooke Heating & Power Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Moran v. HelfAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Bowery Savings Bank v. WardNew York Supreme Court · 1919
- Crimmins v. PolhemusCity of New York Municipal Court · 1947