
    Frank Robinson, Plaintiff, v. The Ecuador Development Co., Defendant.
    (Supreme Court, Kings Special Term,
    June, 1900.)
    Verification — By “ agent ” of foreign corporation — Code C. P., §§ 525, 526.
    An officer of a foreign corporation is an “ agent * * * for the party” within the meaning of section 525 of the Code of Civil Procedure, and, therefore, may verify a pleading for the corporation, but, in so doing, must comply with section 526 of the said Code and “ set forth in the affidavit the grounds of his belief as to all matters not stated upon his knowledge He need not state “ the reason why it is not made by the party ”, as a corporation cannot take an oath.
    
      Motion to compel the plaintiff to accept service of an answer, which was returned on the stated ground that it was not properly verified for the defendant, a foreign corporation, in that the secretary of the defendant, who verified it, did not set forth in his affidavit of verification the grounds of bis belief as to the matters stated on information and belief in the answer.
    George D. Mumford for plaintiff.
    Sherrill & Lockwood for defendant.
   Gaynor, J.:

Section 525 of the Code of Civil Procedure provides that the verification of a pleading “ must ” be made by a “ party ”, “ except ” (only what is applicable being here cited) that where the “ party ” is a domestic corporation it “ must ” be made by an officer thereof, and that where a foreign corporation it “ may ” be made by “ the agent of or the attorney for the party ”. This terminology shows that an “ officer ” of a corporation party is not to be deemed a “party”. If otherwise, this distinction between a corporation “ party ” and its “ officer ” would be a contradiction of terms. An officer of a foreign corporation is an agent thereof in law, and within the meaning of the Code provision. The secretary of this corporation can therefore verify this answer; but to do so he must comply with section 526, i. e. “ set forth in the affidavit the grounds of his belief as to all matters not stated upon his knowledge.” He need not set forth “ the reason why it is not made by the party”, for that would be senseless in the case of a corporation, which cannot take an oath. It would be useless to refer to the contradictory decisions under the former Code of Procedure on this subject of verification of pleadings.

The motion is denied; but with leave to the defendant to serve a properly verified answer within five days on payment of $10 costs.  