Enid Retail Merchants v. Jones

The issue dispositive of this appeal is whether, in an action brought by an Oklahoma charitable, benevolent and educational corporation, the defendant has standing to challenge the plaintiff’s capacity to act, under its corporate charter, as a merchant’s assignee for collection of debts. The court holds that (a) the plaintiff-appellant “has waived any objection” to the defendant’s standing to challenge its corporate capacity and (b) the plaintiff lacks the capacity to engage in “collection-type activities”. I cannot accede to the court’s pronouncement because my analysis of the record and of…