Glaubensklee v. Hamburgh & American Packet Co.
New York Court of Common Pleas
Motion for judgment as upon failure to answer. The action was brought against the defendants as carriers of passengers to recover damages for injuries sustained by the plaintiff while a passenger upon their vessel. The complaint was verified, and a copy of it with summons was served upon the agent, in the city of New York, of the defendants. The defendants’ answer was verified by this agent.
Read the full summary
Motion for judgment as upon failure to answer. The action was brought against the defendants as carriers of passengers to recover damages for injuries sustained by the plaintiff while a passenger upon their vessel. The complaint was verified, and a copy of it with summons was served upon the agent, in the city of New York, of the defendants. The defendants’ answer was verified by this agent. The verification stated that deponent was one of the managing agents of the defendants ; that the complaint was served on him; and that he had charge of all the business of the defendants within the…
1Opinion of the CourtBrady, J.
When a corporation is a party, the verification of the pleading may be made by any officer thereof (Code, §157), and the officer making the verification is not required to state the grounds of his belief. His verification is that of the party. By section 134, a summons may be served upon the managing agent of a corporation, and this makes him an officer, for the purpose of the action, within the meaning of the Code, especially where there is no other officer within the jurisdiction of the court. In this case, the summons was served on the managing agent, and his verification must be regarded…
2Cited by3 opinions
- American Insulator Co. v. Bankers & Merchants' Telegraph Co.New York Court of Common Pleas · 1885
- Thomas F. Meton & Sons, Ltd. v. Isham Wagon Co.New York Supreme Court · 1888
- Bigelow v. Whitehall Manufacturing Co.New York Marine Court · 1879