Legal Opinion

Rush v. Aunspaugh

Supreme Court of Alabama

Decided December 19, 1912PublishedCited by 5 opinions

Appeal from Mobile Circuit Court. Heard before Hou. Samuel B. Browne. Action by Howard C. Rusb against Glenn E. Aunspaugh. Judgment for defendant, and plaintiff appeals.

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Appeal from Mobile Circuit Court. Heard before Hou. Samuel B. Browne. Action by Howard C. Rusb against Glenn E. Aunspaugh. Judgment for defendant, and plaintiff appeals. The complaint is as follows: “The plaintiff, Howard C. Rush, claims of defendant, Glenn E. Aunspaugh, the sum of five thousand ($5,-000.00) dollars damages for the breach óf a certain agreement entered into between the said Howard C. Rush and Glenn E. Aunspaugh, on the 18th day of September, 1909, which said contract is in words and figures as follows: ‘State of Alabama, Mobile County. This instrument witnesseth the following…

1Opinion of the CourtAnderson, J.

While the contract is silent as to where the corporation was to be organized, and is therefore very indefinite on this point as well as many other conditions and contingencies therein treated, we may assume that it was to be organized under the laws of this state, and for the purpose of operating a laundry in the city of Mobile. Article 1, p. 397, Code of 1907, provides for the organization of business ■ corporations, and requires at least three or more persons to become a body corporate. Section 3463 of the Code of 1907 provides : “Every corporation organized under article one of this…

2Cases cited8 opinions

  1. West v. CamdenSupreme Court of the United States · 1890
  2. Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
  3. Woodruff v. WentworthMassachusetts Supreme Judicial Court · 1882
  4. Wilbur v. StoepelMichigan Supreme Court · 1890
  5. Noyes v. MarshMassachusetts Supreme Judicial Court · 1877

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Seitz v. MichelSupreme Court of Minnesota · 1921
  2. Leadbetter v. PriceOregon Supreme Court · 1921
  3. Navco Hardwood Co. v. BassSupreme Court of Alabama · 1925
  4. Walsh v. State ex rel. CookSupreme Court of Alabama · 1917
  5. Navco Hardwood Co. v. BassSupreme Court of Alabama · 1925

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