Magnolia Shingle Co. v. J. Zimmern's Co.
Alabama Court of Appeals
Appeal from Baldwin Circuit Court. Heard before Hon. A. E. G4MBL®. Assumpsit by the J. Zimmern’s Company against the Magnolia Shingle Company and others. Judgment for plaintiffs and defendants appeal.
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Appeal from Baldwin Circuit Court. Heard before Hon. A. E. G4MBL®. Assumpsit by the J. Zimmern’s Company against the Magnolia Shingle Company and others. Judgment for plaintiffs and defendants appeal. The Magnolia Shingle Company was a de facto corporation. — Snider Sons Go. v. Troy, 91 Ala. 228; Morawetz, Private Corporations, sec. 777; 10 Cyc. 253; 7 A. & E. Enc. of Law, '655; Cook on Corporations, sec. 234. Its existence as a corporation could not be collaterally inquired into.— G. A. & M. Assn. v. Ala. G. L. I. Go., 70 Ala. 133. A corporation may ratify acts previously done by its de…
1Opinion of the CourtWalker, P. J.
By the judgment appealed from the appellants I). R. Peteet and F. S. Stone were held individually liable for a debt to the appellee which was contracted in the name of the Magnolia Shingle Company. By different counts of the complaint, as it was amended, their individual liability for that debt was sought to be shown by averments that at the time the account sued on was made they “were partners in the Magnolia Shingle Company, unincorporated,” and that at that time they “were members of the Magnolia Shingle Company, unincorporated.” The proof was as to a *581debt to the plaintiff resulting from…
2Cases cited8 opinions
- Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
- Snider's Sons' Co. v. TroySupreme Court of Alabama · 1890
- Owensboro Wagon Co. v. BlissSupreme Court of Alabama · 1901
- Christian & Craft Grocery Co. v. Fruitdale Lumber Co.Supreme Court of Alabama · 1898
- Schloss & Kahn v. McIntyreSupreme Court of Alabama · 1906
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3Cited by4 opinions
- Cranson v. International Business MacHines Corp.Court of Appeals of Maryland · 1964
- Swofford Bros. Dry Goods Co. v. OwenSupreme Court of Oklahoma · 1913
- H. J. Hughes Co. v. Farmers Union Produce Co.Nebraska Supreme Court · 1923
- Harris v. Stephens Wholesale Bldg. Supply Co., Inc.Court of Civil Appeals of Alabama · 1975