Simon v. American Tobacco Co.
U.S. Circuit Court for the District of Southern New York
At Law. Action by Louis Simon and others against the American Tobacco Company and others. On motion to compel plaintiff to accept an unverified answer.
1Opinion
On Rehearing.
A rehearing of the motion to compel the defendants to serve a verified answer has been granted at their urgent solicitation. I will consider .first certain criticisms upon the opinion heretofore handed down before reconsidering it on the merits.
It is intimated by defendants that the court’s suggestion that a corporation which has no officer who can verify its answer without tending to .incriminate himself, and who is willing to do so, should elect one who can is immoral. Why? It can hardly be assumed that a corporation in such case (which, indeed, is very hard to imagine) ought…
2Cases cited3 opinions
- Hale v. HenkelSupreme Court of the United States · 1906
- Wilson v. United StatesSupreme Court of the United States · 1910
- Goff v. Star Printing Co.New York Supreme Court · 1888