Howards Practice Reports, Containing Cases Under the Code of Civil Procedure and the General Practice of the State of New York, Selected from Decisions of All the Courts, with Notes Volume 1

Howards Practice Reports, Containing Cases Under the Code of Civil Procedure and the General Practice of the State of New York, Selected from Decisions of All the Courts, with Notes Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...of the conscience of the affiant," as possibly there might exist some counter-claim of which he was ignorant, but if he is willing to take the chances of such a sweeping afiirrnation, it does not rest with the defendant to complain, for all and more has been sworn to by him than is required by the statute (See Alford agt. Cobb, 28 Ilun, 22.) It will be urged, however, by the respondent that while it may be safely conceded that a statement positively sworn to by the plaintifi himself is suflicient to satisfy the statute, yet, in the case of an agent, the principle would not apply, inasmuch as it appears that any knowledge possessed by the plaintifi himself must, in the nature of things, be a matter of information and belief, so far as concerns the agent, and he has not brought himself within the rule laid down in Steuben County Bank agt. Alberger (78 N. Y., 252), inasmuch as he has not shown the sources of his information or established the fact that the parties who possessed the information were absent and their deposition could not be obtained. Now, it it is clear in the case at bar, and is admitted upon the record, that the agent knew all about the transaction, and knows that no counter-claim exists in so far as this particular matter is concerned; but of course he did not know and could not know what claims might exist in defendant's behalf, in the possible nature of a cross action, having as its basis something wholly disconnected with the plaintiffs business as a merchant and dealer of the goods in question, but which would be none the less a counter-claim under subdivision 2 of section 501 of the Code. The objection would, therefore, go only to the extent of the legal force of the expression " known to...show more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236846419
  • 9781236846419