Treadwell v. Fassett
New York Supreme Court
Motion to set aside judgment for irregularity. The action was upon several promissory notes. The complaint was verified by one of the plaintiffs attorneys. The verification was in the following words : “ City and county of Albany ss.
Read the full summary
Motion to set aside judgment for irregularity. The action was upon several promissory notes. The complaint was verified by one of the plaintiffs attorneys. The verification was in the following words : “ City and county of Albany ss. William L. Learned, one of the plaintiffs attorneys, being duly sworn, says, that the foregoing complaint is true of his own knowledge, except as to those matters therein stated on information and belief, and as to those matters he believes it to be true. And that the promissory notes mentioned in said complaint are in the possession of said attorneys.” The…
1Opinion of the Court
Harris, Justice.
The general rule adopted by the Code in respect to the verification of a pleading is, that it shall be made by the party. But it may be made by an agent or attorney when the party is not within the county in which the attorney resides, or is incapable of making the affidavit, or when the action or defence is founded upon a written instrument for the payment of money only, and such instrument is in the posses*185sion of the agent or attorney who makes the affidavit, or, thirdly, where all the material allegations of the .pleading are within the personal knowledge of the agent or…
2Cases cited1 opinion
- Hogg v. EmersonSupreme Court of the United States · 1848
3Cited by4 opinions
- Hubbard v. National Protection InsuranceNew York Supreme Court · 1855
- Treen Motors Corp. v. Van PeltNew York Supreme Court · 1919
- Knowles v. FritzWisconsin Supreme Court · 1883
- Wheeler v. ChesleyNew York Supreme Court · 1862