State Security Bank v. Hoskins
Supreme Court of Iowa
Appeal from Buena Vista District Court.— Hon. A. D1. Bailie, Judge. Action to enjoin the removal from a farm owned by plaintiff, of a gasoline engine set up on the farm by a former owner for the purpose of grinding feed. The defendants claim title under a bill of sale of tbe personal property on tbe farm from said original owner. Depree for plaintiff. Defendants appeal.—
1Opinion of the CourtMcClain, C. J.
1. Corporations: organization: estoppel. Appellants question the right of appellee to maintain the action on the ground that it is not duly incorporated and has no legal capacity to hold real es-Or to SUe. But by Code, Section 1636, one who is sued for an injury to the property pf a corporation or for wrong done to its interest is not permitted to set up want of legal organization in his defense, and we have no suggestions from counsel as to any reasons, nor do any reasons occur to us why this statutory provision does not apply in an action brought by the plaintiff corporation to protect its…
2Cases cited25 opinions
- Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
- Schmaltz v. York Manufacturing Co.Supreme Court of Pennsylvania · 1902
- Fischer v. Johnson Lane & Co.Supreme Court of Iowa · 1898
- Thomson v. SmithSupreme Court of Iowa · 1900
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3Cited by13 opinions
- Cornell College v. CrainSupreme Court of Iowa · 1931
- Potter v. MobleyCourt of Appeals of Texas · 1917
- First Title & Securities Co. of Bloomington v. United States Gypsum Co., of ChicagoSupreme Court of Iowa · 1930
- Speer v. DonaldSupreme Court of Iowa · 1926
- Murphy v. Continental InsuranceSupreme Court of Iowa · 1916
8 more not listed; retrieve them via the Exa API.