Miller v. Oppenheimer

City of New York Municipal Court

Miller v. Oppenheimer

2 N.Y. City Ct. Rep. 408

DecidedMay 15, 1887

StatusPublished

This text of 2 N.Y. City Ct. Rep. 408 (Miller v. Oppenheimer) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Oppenheimer, 2 N.Y. City Ct. Rep. 408 (N.Y. Super. Ct. 1887).

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Opinion

McAdam, Ch. J.

The affidavit does not allege facts but conclusions which are merely the affiant’s opinion. It is for the court to draw inferences and conclusions, and then only from facts or circumstances proved. Where the creditor can have no personal knowledge upon the subject, he ought to give the source's of his information so that the court may determine whether there are sufficient grounds for the affiant’s opinion and belief. The affidavit is defective, and the objection to it must be sustained.

Proceedings dismissed, without costs, and without prejudice to a new application on proper papers ; no costs.

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McAdam, Ch. J.

The affidavit does not allege facts but conclusions which are merely the affiant’s opinion. It is for the court to draw inferences and conclusions, and then only from facts or circumstances proved. Where the creditor can have no personal knowledge upon the subject, he ought to give the source's of his information so that the court may determine whether there are sufficient grounds for the affiant’s opinion and belief. The affidavit is defective, and the objection to it must be sustained.

Proceedings dismissed, without costs, and without prejudice to a new application on proper papers ; no costs.

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Bluebook (online)

2 N.Y. City Ct. Rep. 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-oppenheimer-nynyccityct-1887.