
    The Phonoharp Co., Respondent, v. Frederick Stobbe, Appellant.
    (City Court of New York, General Term,
    July, 1897.)
    Complaint — Defective verification.
    Where the verification of a complaint is clearly defective, the defendant may disregard the verification and serve an unverified answer.
    Appeal from an order in favor of plaintiff.
    Meyer & Josephson, for appellant.
    Sidney Osborne, for respondent.
   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.  