Robinson v. Ecuador Development Co.
New York Supreme Court
Motion to compel the plaintiff to accept service of an answer, which was returned on the stated ground that it was not properly verified for the defendant, a foreign corporation, in that the secretary of the defendant, who verified it, did not set forth in his affidavit of verification the grounds of bis belief as to the matters stated on information and belief in the answer.
1Opinion of the Court
Gaynor, J.:
Section 525 of the Code of Civil Procedure provides that the verification of a pleading “ must ” be made by a “ party ”, “ except ” (only what is applicable being here cited) that where the “ party ” is a domestic corporation it “ must ” be made by an officer thereof, and that where a foreign corporation it “ may ” be made by “ the agent of or the attorney for the party ”. This terminology shows that an “ officer ” of a corporation party is not to be deemed a “party”. If otherwise, this distinction between a corporation “ party ” and its “ officer ” would be a contradiction of…
2Cited by4 opinions
- Treen Motors Corp. v. Van PeltNew York Supreme Court · 1919
- Henry v. Brooklyn Heights River Railroad, New York County Courts1904
- Davidson v. Penn-Virginia Coal & Coke Corp.New York Supreme Court · 1919
- Williamson Law Book Co. v. Midland National Holding Corp.New York Supreme Court · 1930