Thomas F. Meton & Sons, Ltd. v. Isham Wagon Co.
New York Supreme Court
On motion to set aside judgment. Action by Thomas F. Meton & Sons, Limited, against Isham Wagon Company. Judgment by default for plaintiff, which defendant moves to set aside.
1Opinion of the CourtPotter, J.
This is a motion to set aside a judgment as by default, upon the ground that the answer was not properly verified, and had been returned to defendant’s attorneys for that reason. The defendant is a domestic corporation, and the answer was verified by Harry S. Isham, who, in the affidavit of verification, swore that he is the general manager of the defendant, and that the reason of his making the affidavit of verification is that the defendant is a corporation. Neither the sufficiency nor good faith of the original answer, or of the amended answer, and the verification of the latter, is…
2Cases cited1 opinion
- Glaubensklee v. Hamburgh & American Packet Co.New York Court of Common Pleas · 1859
3Cited by4 opinions
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- Cole v. City of DurhamSupreme Court of North Carolina · 1918
- Powers v. Rutland RailroadSupreme Court of Vermont · 1914
- State ex rel. Matre v. BergsWisconsin Supreme Court · 1928