Legal Opinion

Eastham v. York State Telephone Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 3 opinions

Appeal by the plaintiff, Samuel Eastham, from an order of the' Supreme Court, made at the Tioga Special Term and entered in the office of the clerk of the county of Tioga on the 16th day of May,, 1903, directing the plaintiff to receive the answer of the defendant, the York State Telephone Company, verified by one of its directors.

1Opinion of the Court

Per Curiam :

The plaintiff has been required by an order of the Special Term to accept an answer of the defendant verified by one of its directors.

The defendant is a domestic corporation. By virtue of the Code of Civil Procedure (§ 525) the verification of a pleading of a domestic corporation must be made by one of its officers. The sole *563question here for determination is whether a director is such an officer as is contemplated by this section.

In Bigelow v. Whitehall Manufacturing Co. (1 City Ct. Rep. 138) Judge McAdam held that a director was an officer of a corporation within the meaning of…

2Cited by3 opinions

  1. National Liberty Insurance Co. of America v. Bank of AmericaNew York Supreme Court · 1926
  2. State ex rel. Matre v. BergsWisconsin Supreme Court · 1928
  3. Sinram v. Wa Ken Construction & Realty Corp.New York Supreme Court · 1949

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