Climax Specialty Co. v. Benjamin C. Smith & Sons
Appellate Terms of the Supreme Court of New York
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
- High Rock Knitting Co. v. BronnerNew York Supreme Court · 1896
- Syracuse Moulding Co. v. Squires, New York County Courts1890
3Cited by1 opinion
- Chadwick v. Waldorf Steam Laundry Co.Appellate Terms of the Supreme Court of New York · 1907