Hull v. Ball
New York Supreme Court
Motion to set aside answer. The action is upon a promissory note, of which the defendant Ball is maker, and the defendants Curran and Baxter first and second indorsers. On the 14th of August, an answer for all the defendants was served upon the plaintiff’s attorney. The answer was verified by the affidavit of Curran only.
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Motion to set aside answer. The action is upon a promissory note, of which the defendant Ball is maker, and the defendants Curran and Baxter first and second indorsers. On the 14th of August, an answer for all the defendants was served upon the plaintiff’s attorney. The answer was verified by the affidavit of Curran only. On the 22d of September, the plaintiff’s attorney served notice of this motion: until this notice was served, the defendants’ attorneys were not apprized that the plaintiff’s attorney claimed ■ that the verification of the answer was insufficient.
1Opinion of the Court
Harris, Justice.
Three distinct causes of action were combined in this one suit. The defendants may have a common defence, yet each must defend for himself. Their interest is, in no respect, a joint or united interest. Whether, therefore, they answered separately or jointly, each was required to verify his answer. (Andrews agt. Storms, 5 Sand. 609.)
The answer served being unverified, as to the defendants Ball and Baxter, the plaintiff’s attorney was not bound to receive it as their answer. But, as it was properly verified by the other defendant, the answer could not be returned. Under these…
2Cited by1 opinion
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