Kellogg v. Match Supply Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary E. Kellogg, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Columbia on the 10th day of November, 1914, requiring her to receive a copy of the unverified answer of the defendant Charles M. Kellogg.
1Per curiam
The action is' in substance one for fraud and not for conspiracy. (Green v. Davies, 182 N. Y. 499.) Section 529 of the Code of Civil Procedure, which provides that the defendant is not excused from verifying his answer to a complaint charging him with “any fraud whatever, affecting a right or the property of another,” would, if valid, require this answer to be verified. Section 523 of the Code excuses a verification where the party pleading would be privileged from testifying as a witness concerning an allegation or denial contained in the pleading, and provides: “A pleading cannot be used,…
2Cases cited3 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
- Green v. . DaviesNew York Court of Appeals · 1905
3Cited by4 opinions
- King v. TerwilligerAppellate Division of the Supreme Court of the State of New York · 1940
- Pustet v. TwardowskiAppellate Terms of the Supreme Court of New York · 1915
- Kellogg v. Match Supply Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Steinbrecher v. WapnickNew York Court of Appeals · 1969