Hammett v. Little Rock & Napoleon Railroad
Supreme Court of Arkansas
Error to Jefferson Circuit Court. Hon. Ti-ieodoric F. Sorrells, Circuit Judge. The plaintiff in error insists that the c'ourt below erred in sustaining the demurrer to the plea of nul tiel corporation. Such a plea is always admissible in a suit by a private coiv poration. Angdl Ames on Corp. sec. 634, et seq. and cases cited.
Read the full summary
Error to Jefferson Circuit Court. Hon. Ti-ieodoric F. Sorrells, Circuit Judge. The plaintiff in error insists that the c'ourt below erred in sustaining the demurrer to the plea of nul tiel corporation. Such a plea is always admissible in a suit by a private coiv poration. Angdl Ames on Corp. sec. 634, et seq. and cases cited. The provision of the charter making the act evidence, etc., so far from dispensing with proof of its corporate existence, only shows it to be necessary by affording facilities for that purpose. A plea of nul tiel corporation here is bad on demurrer, for the existence of…
1Opinion of the CourtChief Justice English
This was an action of assumpsit brought by the Little Rock and Napoleon Railroad Company, against John J. Hammett, in the Jefferson Circuit Court, August 27th, 1856.
The suit was for the recovery of calls due and in arrear upon $2,000 of the capital stock of the company subscribed by the defendant. The declaration sets out the subscription, the several calls made by the directors, notice thereof to defendant, and his failure to meet them, etc.
The defendant pleaded:
1. Non assumpsit.
2. Nul tiel corporation.
3. A special plea, alleging “ that the persons named in the first section of the act…
2Cases cited3 opinions
- Mahony v. Bank of the StateSupreme Court of Arkansas · 1842
- Campbell v. HopkinsSupreme Court of Arkansas · 1854
- McKiel v. Real Estate BankSupreme Court of Arkansas · 1842
3Cited by8 opinions
- St. Joseph & Iowa Railroad v. ShambaughSupreme Court of Missouri · 1891
- First National Bank v. RockefellerSupreme Court of Missouri · 1906
- Whipple v. TuxworthSupreme Court of Arkansas · 1907
- Boatmen's Bank v. GillespieSupreme Court of Missouri · 1908
- Brown v. Wyandotte & Southeastern Railway Co.Supreme Court of Arkansas · 1900
3 more not listed; retrieve them via the Exa API.