Jackson ex dem. Trustees of the Union Academy v. Plumbe
New York Supreme Court
THIS was an action of ejectment, tried at the Mont~ gomery circuit, in September last, before Mr. Justice y t x After the confession of lease, entry and ouster by the _ 7 J J defendant, the plaintiff proved a deed of the land t® the lessors in fee; and that the defendant was, at the commencement of the suit, and still is, in possession.
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THIS was an action of ejectment, tried at the Mont~ gomery circuit, in September last, before Mr. Justice y t x After the confession of lease, entry and ouster by the _ 7 J J defendant, the plaintiff proved a deed of the land t® the lessors in fee; and that the defendant was, at the commencement of the suit, and still is, in possession. The counsel for the defendant moved for a nonsuit, on the ground that the plaintiff had not produced the patent or charter creating the lessors a body corporate; and for want of this evidence the judge ‘nonsuited the plaintiff. A motion was made to set aside…
1Per curiam
The rule seems to be that when a corporation sues, either on a contract, or to recover real property, they must, at the trial, under the general issue, prove that they are a corporation. (Hob. 21. 2 Ld. Raym. 1535. 1 Kydon Corporations, 292, 293. Peters v. Mills, Bull. N. P. 107.) The nonsuit in this case was, therefore, properly directed.
Motion denied.
2Cited by7 opinions
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- President of the Bank of Utica v. SmalleyNew York Supreme Court · 1824
- Trustees of Vernon Society v. HilesNew York Supreme Court · 1826
- Anderson v. Kanawha Coal Co.West Virginia Supreme Court · 1878
- School District No 1 v. BlaisdellSuperior Court of New Hampshire · 1833
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