Market National Bank of New York v. Hogan
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bach County. Action upon two promissory notes, made by defendant to Adams, McKinney & Co., and by them alleged to have been endorsed for value, before maturity, to the plaintiff. All the averments of the complaint are upon information and belief.
Read the full summary
APPEAL from tbe Circuit Court for Bach County. Action upon two promissory notes, made by defendant to Adams, McKinney & Co., and by them alleged to have been endorsed for value, before maturity, to the plaintiff. All the averments of the complaint are upon information and belief. The verification is by one of plaintiff’s attorneys, and states that the complaint is true to affiant’s own knowledge, except as to those matters which are therein stated on information and belief, and as to those matters he believes it to be true; that “the reason why this verification is not made by the plaintiff…
1Opinion of the CourtDixon, C. J.
It is said by Mr. Justice Paine, arguendo, in Western Bank of Scotland v. Tallman, 15 Wis., 93, that undoubtedly a pleading may be verified by an attorney of a corporation upon the same state of facts which allows such verification by an individual.
We think he was correct in this, because the conditions prescribed for verification by the attorney are not limited by the character of the parties, but apply as well to actions where the party that sues or is sued is a corporation as where it is an individual. The attorney may verify, if the action or defense be founded on a written instrument for…
2Cases cited6 opinions
- Cutler v. HowardWisconsin Supreme Court · 1859
- Western Bank of Scotland v. TallmanWisconsin Supreme Court · 1862
- Morley v. GuildWisconsin Supreme Court · 1861
- Crane v. WileyWisconsin Supreme Court · 1861
- Kinkaid v. Kipp & BrownThe Superior Court of New York City · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wheeler & Wilson Manufacturing Co. v. LawsonWisconsin Supreme Court · 1883
- Brawley v. MitchellWisconsin Supreme Court · 1896
- Closson v. ChaseWisconsin Supreme Court · 1914
- Hecht v. ChaseWisconsin Supreme Court · 1914
- I. & G. N. & M. P. Ry. v. KindredTexas Supreme Court · 1882