City of New York Municipal Court, 1897

Phonoharp Co. v. Stobbe

Phonoharp Co. v. Stobbe
City of New York Municipal Court · Decided July 15, 1897 · McCarthy
20 Misc. 698; 46 N.Y.S. 678

Counsel

Meyer & Josephson, for appellant., Sidney Osborne, for respondent.

Phonoharp Co. v. Stobbe

Opinion of the Court

McCarthy, J.

The plaintiff is a foreign corporation and can only act by its representative or agent.

This verification is clearly defective and may be treated as a nullity.

Defendant then had a right to disregard this verification and serve an unverified answer. This is perfectly proper and regular.

Order is reversed and plaintiff is compelled to accept the. defendant’s unverified answer without conditions.

Yah Wyck, Ch. J., and Schuchmah, J., concur.

Order reversed and plaintiff compelled to accept defendant’s unverified answer, without conditions.

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