Legal Opinion

Climax Specialty Co. v. Benjamin C. Smith & Sons

Appellate Terms of the Supreme Court of New York

Decided April 15, 1900PublishedCited by 1 opinion

Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, rendered in favor of the plaintiff, upon a trial had before the court, without a jury.

1Opinion of the CourtO’Gorman, J.

The judgment in this case which was taken on defendant’s default and rendered upon a verified complaint, is assailed by the defendant upon the ground that the verification of the complaint was made by the plaintiff’s attorney, defendant’s contention being that a pleading of a domestic corporation must be verified by an officer, and that subdivision 3 of section 525 of the Code of Civil Procedure has no application to pleadings interposed on behalf of a domestic corporation. We cannot yield our assent to this contention. A reading of the entire section of the Code in question seems to warrant…

2Cases cited2 opinions

  1. High Rock Knitting Co. v. BronnerNew York Supreme Court · 1896
  2. Syracuse Moulding Co. v. Squires, New York County Courts1890

3Cited by1 opinion

  1. Chadwick v. Waldorf Steam Laundry Co.Appellate Terms of the Supreme Court of New York · 1907

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API