Wheeler v. Chesley
New York Supreme Court
Motion to set aside judgment. This was an action by George W. Wheeler against William. H. Chesley, upon an acceptance for $240. The plaintiff’s complaint was verified as follows : [Venue.]—F. 0. Bliss, of the city of Sew York, being duly sworn, says, that he is the attorney for the plaintiff in the. above action, that the foregoing complaint is true to his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it…
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Motion to set aside judgment. This was an action by George W. Wheeler against William. H. Chesley, upon an acceptance for $240. The plaintiff’s complaint was verified as follows : [Venue.]—F. 0. Bliss, of the city of Sew York, being duly sworn, says, that he is the attorney for the plaintiff in the. above action, that the foregoing complaint is true to his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true. Deponent further says, that the reason why this verification is not made by the plaintiff, is that the…
1Opinion of the CourtBarnard, J.
The weight of authority is to the effect that an attorney, having possession of the written instrument for payment of money only, on which the action is brought, may verify the complaint, whether he and the plaintiff be within the same county or not; and that the fact that' the action is brought on such an instrument, which is in the attorney’s possession, is of itself a sufficient excuse or reason for the attorney verifying the pleading.
The cases, however, are not quite so uniform as to whether it is necessary for the attorney in such cases to insert in the ordinary verification used when a…
2Cases cited1 opinion
- Treadwell v. FassettNew York Supreme Court · 1854