insolvent, did by means of fraudulent representations made by him to plaintiff Beyer, procure goods from the plaintiffs’ firm in March, 1887; that in May, 1887, Smith turned over the goods to defendant Wilson, who had full knowledge of the fraud through which they were obtained from the plaintiffs.
Defendant Wilson answers and denies knowledge or information sufficient to form a belief respecting the fraudulent procurement of the goods; denies that the defendant had knowledge of such fraudulent procurement, and denies that she took the goods with such knowledge, and avers that she purchased the goods of the defendant Smith for a good and valuable consideration and in good faith, without any knowledge of any fraudulent procurement of them by Smith.
This answer is verified by one Joseph 0. Wilson, who “being sworn, says that he is the agent of the above named defendant Marcia A. Wilson; that he has read the foregoing answer and knows the contents thereof; and that the same is true to his own knowledge, except as to the riiatters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true; that the reason that this affidavit is made by deponent and not by said defendant is, that the said defendant is without the state and is not within the county now; that the sources of deponent’s knowledge and the grounds of his belief as to the allegations of said answer are obtained from papers of said defendant in his custody relating to the matter in issue, and from conversations had with said defendant relating thereto.”
George C. Sawyer, for app’lt; H. D. Ellsworth, for resp’t.
A pleading may be verified “by the agent * * * of the party where the party is not within the county where the attorney resides” if the attorney resides within the state. Code Civil Procedure, § 525.
The Code does not prescribe in what respect the agency must exist, nor that the nature of it be stated in the verification. Here nothing is stated in the answer to be alleged on information and belief, and hence the agent has sworn that every allegation of the answer is true to his own knowledge. Section 525.
The letter and form of the Code have been complied with. It is probable that the agent has. sworn that to be true of his own knowledge which he could not know to be true, but since the Code permits this certificate of the truth of a pleading, we do not feel at liberty to set it aside because it fails to command confidence. The art of con