Legal Opinion

Jackson ex dem. Trustees of the Union Academy v. Plumbe

New York Supreme Court

Decided October 15, 1811PublishedCited by 7 opinions

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

  1. President of the Bank of Alabama v. SimontonTexas Supreme Court · 1847
  2. President of the Bank of Utica v. SmalleyNew York Supreme Court · 1824
  3. Trustees of Vernon Society v. HilesNew York Supreme Court · 1826
  4. Anderson v. Kanawha Coal Co.West Virginia Supreme Court · 1878
  5. School District No 1 v. BlaisdellSuperior Court of New Hampshire · 1833

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