Singer Manuf'g Co. v. Peck
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action by the Singer Manufacturing Company against Porter P. Peck, to make him- liable for a debt incurred by the Wolgemuth Shirt Company, a corporation. From an order sustaining a demurrer to the complaint, plaintiff appeals. The facts are stated in the opinion. Defendant, having given his faith and credit to the corporation, should be held liable. Wechelberg v. Flower City Nat.
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Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action by the Singer Manufacturing Company against Porter P. Peck, to make him- liable for a debt incurred by the Wolgemuth Shirt Company, a corporation. From an order sustaining a demurrer to the complaint, plaintiff appeals. The facts are stated in the opinion. Defendant, having given his faith and credit to the corporation, should be held liable. Wechelberg v. Flower City Nat. Bank (Wis.), 64 Fed. 90; Burns et al. v. Beck etal., 10 N, El. 121.
1Opinion of the CourtCorson, P. J.
This is an appeal from an order sustaining a demurrer to the complaint. The allegations in the complaint are, in substance, as follows: That the plaintiff is a corporation; that the Wolgemuth Shirt Company is a duly organized corporation of the state of South Dakota; that said last named corporation was organized and incorporated by five persons named, of whom the defendant was one; that said corporation was one de facto only, and had no legal right to transact business or obtain credit; that it did obtain a large amount of credit, and that it purchased of the plaintiff a large number of…
2Cases cited2 opinions
- Burns v. Beck & Gregg Hardware Co.Supreme Court of Georgia · 1889
- Wechselberg v. Flour City Nat. BankCourt of Appeals for the Seventh Circuit · 1894
3Cited by4 opinions
- Moe v. HarrisSupreme Court of Minnesota · 1919
- Fuller v. Roberts CountySouth Dakota Supreme Court · 1896
- Mee v. HirningSouth Dakota Supreme Court · 1922
- Rust-Owen Lumber Co. v. WellmanSouth Dakota Supreme Court · 1897