Cherry v. Foley
New York Court of Common Pleas
Appeal from first district court. Summary proceedings for recovery of possession of demised premises by James Cherry, landlord, against John Foley, tenant. From a judgment for plaintiff, defendant appeals.
1Per curiam
The answer denied that there was anything due upon the contract of hiring on a certain day, and also denied that a demand for the rent had been made. This was verified in the following language: “John Foley, sworn, says that he is the defendant herein, and that he knows the foregoing answer to be true. ” This the court below held to be an insufficient verification. It has been repeatedly held that where there is nothing to indicate the affiant intends to swear that the contents of a pleading is true, to his own knowledge, where all the allegations are apparently made upon knowledge, it is…
2Cases cited5 opinions
- Matter of Application, Etc., of MacAulayNew York Court of Appeals · 1884
- Van Horne v. Montgomery, Willis & ThomasNew York Supreme Court · 1851
- Williams v. Riel & GrangerThe Superior Court of New York City · 1855
- Sexaner v. BowenNew York Court of Common Pleas · 1871
- Tibballs v. SelfridgeNew York Supreme Court · 1856