Pember v. Schaller
New York Marine Court
Motion by defendant to vacate order of arrest on the grounds: (1.) Insufficiency of the' undertaking, it being under Code of Procedure as to form and not as required by Code Civil Procedure. (2.) Insufficiency of complaint and affidavit, because verified on information and belief only. The action was for deceit, in obtaining goods on credit, defendant falsely representing, as alleged, that he was solvent when he was insolvent.
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Motion by defendant to vacate order of arrest on the grounds: (1.) Insufficiency of the' undertaking, it being under Code of Procedure as to form and not as required by Code Civil Procedure. (2.) Insufficiency of complaint and affidavit, because verified on information and belief only. The action was for deceit, in obtaining goods on credit, defendant falsely representing, as alleged, that he was solvent when he was insolvent. The complaint was verified by the agent of plaintiff on information and belief. The agent also made an affidavit independently of the verification; both were on…
1Opinion of the CourtGoepp, J.
The defect in the undertaking is amendable. The sources of information respecting the untruth of the *513representations made are quite unsatisfactorily stated under that head in the verification. But the same person who makes that verification in his independent affidavit states that the source of his information on this head was Mr. Pool; though he ought to have gone on to explain the absence of Mr. Pool’s own affidavit; yet, as there is no denial of the allegations, I think that, under Union Bank agt. Mott (9 Abb., 106) and Brooklyn Daily Union agt. Raymond (11 Ab. [N. S.], 235), the motion…
2Cited by1 opinion
- Dale v. GilbertNew York Supreme Court · 1891