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14 Abb. Pr. 440

Soutter v. Mather

New York Supreme Court

Decided November 15, 1862

New York Supreme Court · decided 1862-11-15

Motion to vacate a judgment. This action was brought by James T. Soutter against John 0. Mather, as maker, and Bichard Schell, as indorser, of a promissory note for eleven hundred dollars.

Cited by 1 later decisions — most recently January 1889

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1862-11-15

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Barnard, J.

¶1In Stannard a. Mattice (7 How. Pr., 4), Tread-well a. Eassett (10 Ib., 184), Meads a. Gleason (13 Ib., 309), Boston Locomotive Works a. Wright (15 Ib., 253), it is laid down, that in all cases of verification by an attorney, he must state his knowledge or grounds of belief.

¶2The cases of Meade a. Gleason and Treadwell a. Eassett, in which the court held the verifications defective, were actions on promissory notes, the verifications were by attorney in substantially the same form as the verification to the complaint in this action.

¶3As these decisions were rendered at special terms in other districts, I should not feel bound to follow them if I' thought them erroneous; but I think the construction given by these decisions to the section of the Code under consideration coi’rect.

¶4Motion granted, with $10 costs.

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