Myers v. Gerrits
New York Court of Common Pleas
Appeal from an order refusing to set aside a judgment. This was an action on two promissory notes. The complaint was verified as follows: [Venue.] Angelo L. Myers of said city, being duly sworn, doth depose and say, that the above complaint is true to his own knowledge, except as to those matters stated on information and belief, and as to those matters he believes it to be true.
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Appeal from an order refusing to set aside a judgment. This was an action on two promissory notes. The complaint was verified as follows: [Venue.] Angelo L. Myers of said city, being duly sworn, doth depose and say, that the above complaint is true to his own knowledge, except as to those matters stated on information and belief, and as to those matters he believes it to be true. That the plaintiff is now absent from this State, which is the reason why this verification is not made by him: that deponent’s knowledge is derived from possession of the notes in suit, and from other sources.…
1Opinion of the Court
By the Court.*— Brady, J.
—The verification in this case is sufficient. By section 157 of the Code, the verification may be made by the agent or attorney, if the action or defence be founded upon a written instrument for the payment of money only, and such instrument be in the possession of the agent or attorney, or if all the material facts relating to such instrument, and embraced in the allegations of the pleading, be known to such agent or attorney. The possession of the instrument alone is enough to authorize an agent or attorney to verify the complaint. This seems to be very clear as a…
2Cases cited1 opinion
- Smith v. RosenthallNew York Supreme Court · 1855
3Cited by1 opinion
- High Rock Knitting Co. v. BronnerNew York Supreme Court · 1896