Tilton v. United States Life Insurance
New York Court of Common Pleas
Motion to vacate an order. John Tilton and others, stockholders in the corporation defendant, brought an action against the company and its officers, and obtained an order for examination of certain individual defendants† to enable him to frame his complaint.
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Motion to vacate an order. John Tilton and others, stockholders in the corporation defendant, brought an action against the company and its officers, and obtained an order for examination of certain individual defendants† to enable him to frame his complaint. The material allegations of the moving affidavits relating to the defendants whom it was sought to examine were expressed to be on information and belief, and the sources and nature of the information were not stated, nor were the grounds of belief.
1Opinion of the Court
Yak Brunt, J. [after stating the nature of the affidavits.]
The allegation of a fact upon information and behalf in a complaint, without stating any of the evidence upon which that belief is founded, is a perfectly good allegation, because it is the duty of the pleader to state the facts upon which he believes his cause of action is founded, and not any part of the evidence tending to establish those facts. The office of an affidavit is very different. An affidavit must not only state facts, but also the evidence tending to establish those facts. It is the weight of the evidence disclosed in…
2Cited by3 opinions
- Elmore v. HydeNew York Court of Common Pleas · 1877
- Johnson v. New Home Sewing Machine Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Fluchtwanger v. DessarNew York Supreme Court · 1889