Bank of Orleans v. Skinner

Saratoga Chancery Court

Bank of Orleans v. Skinner

1 Sarat. Ch. Sent. 70, 1841 N.Y. LEXIS 354

DecidedSeptember 21, 1841

StatusPublished

This text of 1 Sarat. Ch. Sent. 70 (Bank of Orleans v. Skinner) is published on Counsel Stack Legal Research, covering Saratoga Chancery Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bank of Orleans v. Skinner, 1 Sarat. Ch. Sent. 70, 1841 N.Y. LEXIS 354 (N.Y. Super. Ct. 1841).

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Opinion

Decided that where a corporation *aggregate is complainant, the bill, from the necessity of the case, must be verified by some officer or agent of the corporation. That bills which arc to be verified by the oath of an agent or attorney for a complainant should be drawn in the same manner as bills which are tobe sworn to by the complainant, himself; stating those matters which are within the personal knowledge of such agent or attorney positively; and those which he has derived from the information of others should be stated or charged upon the information and belief of the complainant; and that the oath of the agent or attorney verifying the bill should state that the defendant lias read the bill or heard it read, and know-s the contents thereof, and that the same is true of his own knowledge, except as to the matters which are therein stated to be on the information or belief of the complainant; and that as to those matters the deponent believes it to be true. That in the case of ex parte applications for injunctions orne exeats founded upon such bills, if any material allegation or charge necessary to be sworn to positively, to [1073]*1073authorize the issuing of the injunction or ne exeat, is not within the personal knowledge of the agent or attorney who verifies the bill, he should, in addition to his own verification, annex the affidavit of the person from whom he derived his information, swearing that he knows such allegation or charge to be true. So much of the order as is appealed from by the defendant Skinner, reversed, and the injunction dissolved, with costs, and the part of the order denying the application to amend, affirmed, with costs.

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Decided that where a corporation *aggregate is complainant, the bill, from the necessity of the case, must be verified by some officer or agent of the corporation. That bills which arc to be verified by the oath of an agent or attorney for a complainant should be drawn in the same manner as bills which are tobe sworn to by the complainant, himself; stating those matters which are within the personal knowledge of such agent or attorney positively; and those which he has derived from the information of others should be stated or charged upon the information and belief of the complainant; and that the oath of the agent or attorney verifying the bill should state that the defendant lias read the bill or heard it read, and know-s the contents thereof, and that the same is true of his own knowledge, except as to the matters which are therein stated to be on the information or belief of the complainant; and that as to those matters the deponent believes it to be true. That in the case of ex parte applications for injunctions orne exeats founded upon such bills, if any material allegation or charge necessary to be sworn to positively, to [1073]*1073authorize the issuing of the injunction or ne exeat, is not within the personal knowledge of the agent or attorney who verifies the bill, he should, in addition to his own verification, annex the affidavit of the person from whom he derived his information, swearing that he knows such allegation or charge to be true. So much of the order as is appealed from by the defendant Skinner, reversed, and the injunction dissolved, with costs, and the part of the order denying the application to amend, affirmed, with costs.

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Bluebook (online)

1 Sarat. Ch. Sent. 70, 1841 N.Y. LEXIS 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-orleans-v-skinner-nychanctsara-1841.