Microwave Associates, Inc. v. Antenna Systems, Inc.

Massachusetts Supreme Judicial Court
Microwave Associates, Inc. v. Antenna Systems, Inc., 348 Mass. 783 (Mass. 1965)
203 N.E.2d 807

Microwave Associates, Inc. v. Antenna Systems, Inc.

Opinion of the Court

Exceptions overruled. In support of the plaintiff’s motion under Cr. L. c. 231, § 59 (as amended through St. 1955, c. 674, § 1), for immediate entry of judgment there was filed an instrument signed by one Both-well stating that he had been “duly sworn” and deposing to facts adequate to establish the plaintiff's ease. The instrument was attested by the certificate of a notary that Bothwell appeared and “stated that he ha[d] read the foregoing affidavit . . . and that the facts stated . . . are true to his own knowledge.” No counter affidavit was before the trial judge who allowed the motion. The instrument was a sufficient affidavit under § 59 and, read as a whole, adequately established that Bothwell had sworn to the truth of the facts stated. See Murphy, petitioner, 321 Mass. 206, 213; Carroll Hunnewell, Inc. v. Southboro Constr. Corp. 343 Mass. 667, 669. Cf. Cook Borden & Co. Inc. v. Commonwealth, 293 Mass. 174, 179-181 (jurat attached to mechanic’s lien claim not signed by notary public).

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