Cincinnati Cooperage Co. v. Bate
Court of Appeals of Kentucky
Case 54 — PETITION EQUITY — APPEAL PROM LOUISVILLE LAW AND EQUITY' COURT. 1. The name of a corporation adopted by the articles of association is of the very essence of its being, and the corporation created and organized under the corporate name of “ The New Albany Brewing Company,” could not by the mere will of the parties be imported into the concern and its business conducted under the name of “ Gebhard & Bate Brewing Co ,” and, therefore, the latter concern ivas, in…
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Case 54 — PETITION EQUITY — APPEAL PROM LOUISVILLE LAW AND EQUITY' COURT. 1. The name of a corporation adopted by the articles of association is of the very essence of its being, and the corporation created and organized under the corporate name of “ The New Albany Brewing Company,” could not by the mere will of the parties be imported into the concern and its business conducted under the name of “ Gebhard & Bate Brewing Co ,” and, therefore, the latter concern ivas, in legal contemplation, a co-partnership, at least as to ' third parties dealing with it and giving it credit. (2 Bac. Abr.,…
1Opinion of the Court
JUDGE HAZELB.IGG
delivered the opinion op the court.
The conclusions of fact certified by the court below in this case are that “The New Albany Brewing Company was a corporation duly created and organized under the laws of the State of Indiana for the purpose of manufacturing and vending beer. It was incorporated under the corporate name of the ‘New Albany Brewing Company.’ Afterwards, the defendants, E. R. Bate, J. Grebhart and another, acquired the entire stock of the New Albany Brewing Company, and became its directors. Bate, Grebhart and another, as directors and stockholders, without…
2Cases cited2 opinions
- Coleman v. ColemanIndiana Supreme Court · 1881
- J. M. Robinson & Co. v. HarrisCourt of Appeals of Kentucky · 1884
3Cited by13 opinions
- Federal Chemical Co. v. PaddockCourt of Appeals of Kentucky (pre-1976) · 1936
- Pilsen Brewing Co. v. WallaceIllinois Supreme Court · 1919
- Senn v. LevyCourt of Appeals of Kentucky · 1901
- Campbell v. J. I. Campbell Co.Supreme Court of Louisiana · 1906
- Meredith v. Universal Plumbing & Construction Co.Court of Appeals of Kentucky (pre-1976) · 1938
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