Oregon Central R. R. v. Scoggin
Multnomah County Circuit Court, Oregon
This action was commenced in justice’s court to recover $188 alleged to be due on a subscription for ten shares of the plaintiff’s corporate stock at $25 per share. The plaintiff had judgment, and the defendant appeals to this court.
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This action was commenced in justice’s court to recover $188 alleged to be due on a subscription for ten shares of the plaintiff’s corporate stock at $25 per share. The plaintiff had judgment, and the defendant appeals to this court. The case is now presented on motion to strike out parts of the answer. 1. The answer “ denies that plaintiff is a corporation duly-organized.” 2. Denies that the defendant agreed to take the ten shares. 8. Alleges that the plaintiff’s capital stock is fixed, at $5,000,000, and that one half thereof has not been subscribed. 4. That the defendant did subscribe a…
1Opinion of the Court
The Court
(Upton J.)
announced the decision as follows: The denial that plaintiff “is a corporation dibly organized” should be stricken out. Although such denial is sometimes treated as a plea in bar in particular cases, ordinarily it does not involve the merits of the action, and is within the rule established in Hopwood v. Patterson (2 Ogn. 49). In this case, however, it is subject to the further objection that it is not necessary that the plaintiff should be both *163incorporated and organized, to enable it to receive subscriptions and to sue. Nor is it a sufficient denial to say tlie plainti ff…
2Cited by4 opinions
- Rafferty v. DavisOregon Supreme Court · 1909
- The Multorpor Co. v. ReedOregon Supreme Court · 1927
- Bridal Veil Lumbering Co. v. JohnsonOregon Supreme Court · 1893
- Glass Coating Co. v. ClarkOhio Supreme Court · 1928