Gadsden v. . Woodward
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 11,1886, which affirmed an order of Special Term, which denied a motion on the part of defendant Woodward to compel plaintiff to accept an unverified answer. This was an action against directors of a manufacturing corporation to recover a debt due from the corporation, because of failure to file an annual report.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 11,1886, which affirmed an order of Special Term, which denied a motion on the part of defendant Woodward to compel plaintiff to accept an unverified answer. This was an action against directors of a manufacturing corporation to recover a debt due from the corporation, because of failure to file an annual report. The complaint was verified, an answer unverified was served, but plaintiff’s attorney served notice on defendant’s attorney that the plaintiff elected to treat it as a nullity…
1Opinion of the CourtRapallo, J.
The Code of Civil Procedure provides that the verification of an answer may be omitted (where not otherwise expressly prescribed), where the party pleading would be privileged from testifying as a witness concerning an allegation or denial contained in the pleading. (§ 523.)
Section 837 declares that a witness shall not be required to give an answer which will tend to expose him to a penalty or forfeiture.
This action is brought against the defendant to recover a debt due by a manufacturing corporation of which he was a trustee, and he is sought to be made hable therefor on the ground that he…
2Cases cited2 opinions
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
3Cited by18 opinions
- National Bank v. . DillinghamNew York Court of Appeals · 1895
- Rogers v. . DeckerNew York Court of Appeals · 1892
- Globe Publishing Co. v. State BankNebraska Supreme Court · 1894
- Matter of Peck v. . CargillNew York Court of Appeals · 1901
- Novelty Manuf'g Co. v. ConnellNew York Supreme Court · 1895
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