Burke v. Lincoln-Valentine Co.

(Dissenting.) Something of a blight is cast upon the plaintiff’s case by his falsehood in the verified complaint, wherein he alleged (upon information and belief, it is true) that the defendant was a corporation when he made the arrangement, evidenced in writing, upon which he based his action, although he must have known the contrary, for he testified on the trial that he was one of the incorporators, and that the incorporation came months after he obtained his “ contract ” from a, so to say, intending promoter, who never had any actual connection with the defendant company. The plaintiff’s…