Ketcham v. Zerega
New York Court of Common Pleas
This was a suit upon a judgment. The complaint alleged that this court, upon notice to the defendant, had granted leave to commence the action; that on or about the sixth day of November, 1840, the plaintiff recovered a judgment in the said court against the defendant, for $465 81, which judgment remains in full force, and not satisfied nor annulled, and that the defendant is indebted to the plaintiff thereon in that amount, with interest.
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This was a suit upon a judgment. The complaint alleged that this court, upon notice to the defendant, had granted leave to commence the action; that on or about the sixth day of November, 1840, the plaintiff recovered a judgment in the said court against the defendant, for $465 81, which judgment remains in full force, and not satisfied nor annulled, and that the defendant is indebted to the plaintiff thereon in that amount, with interest. The answer alleges, that the defendant “has no knowledge sufficient to form a belief, whether the said plaintiff did, on or about the time by him in that…
1Opinion of the CourtBy the Court. Woodruff, J.
The answer in this case is by no means free from objection. The action is founded on a judgment alleged to have been recovered in this court by the plaintiff, against the defendant, which judgment is described in the complaint with a particularity quite sufficient to enable *556the defendant to identify it, if it was rendered against him. Under such circumstances, I do not think a defendant should he permitted to make a denial of information sufficient to form a belief. It is palpably false on its face, and an abuse of that provision of the code which warrants such a form of denial, when the…
2Cases cited1 opinion
- Hopkins v. EverettNew York Supreme Court · 1850