Frist v. Climm
City of New York Municipal Court
Application to compel the plaintiff’s attorney to accept the defendant’s unverified answer.
1Opinion of the CourtMcAdam, C. J.
— The complaint, which is verified, after alleging a sale and delivery of certain goods to the defendant, avers that the defendant was guilty of fraud in contracting the liability, and then sets out in detail specific misrepresentations to induce the credit given, and these are stated as the acts of fraud complained of. The defendant served an unverified answer, claiming that under section 523 of the Code the verification may be omitted wherever the party “ would be privileged from testifying as a witness concerning the matters alleged.”
The rule is that a witness is not required to give any…
2Cases cited8 opinions
- People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
- Henry v. Bank of SalinaNew York Court of Appeals · 1847
- Clapper v. FitzpatrickNew York Supreme Court · 1848
- Henry v. Bank of SalinaNew York Court of Appeals · 1848
- Wheeler v. DixonNew York Supreme Court · 1856
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