Thomas Rogers, Respondent v. Alonzo T. Decker, Appellant

Summary

The Court of Appeals affirmed the General Term's order, holding that the action to enforce a trustee's liability under the 1865 incorporation act is not penal in nature, so an unverified answer cannot be forced on the plaintiff. The statute merely continues an original obligation of trustees, and the plaintiff is not required to accept the defendant's unverified answer.