Owensboro Wagon Co. v. Bliss
Supreme Court of Alabama
Appeal from Lauderdale Circuit Court. Tried before Hon. E. B. Almon. This was an action on the common counts by The Owensboro Wagon Company against B. L. Bliss and George Young, they being sued as partners in the Farmers’ Implement Company, which was alleged to be a partnership.
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Appeal from Lauderdale Circuit Court. Tried before Hon. E. B. Almon. This was an action on the common counts by The Owensboro Wagon Company against B. L. Bliss and George Young, they being sued as partners in the Farmers’ Implement Company, which was alleged to be a partnership. The trial ivas had upon issue joined on the plea of the general issue, a special plea denying the existence of the partnership, and a special plea setting up substantially the facts as shown in the opinion regarding the proceedings to organize the Farmers’ Implement Company as a corporation, and further alleging that…
1Opinion of the CourtHaralson, J.
— “A corporation de facto exists, when from irregularity or defect in the organization or constitution, or from some omission to comply with the conditions precedent, a corporation de jure is npt created, but there has been a colorable compliance with the requirements of some law under which an association might be lawfully incorporated for the purposes and powers assumed, and a user of the rights claimed to be conferred by the law — -when there is an organization with color or law, and the exercise of corporate franchises.”—Snider v. Troy, 91 Ala. 224; Cen. Agr. & Mech. Asso. v. Ala. Gold…
2Cases cited10 opinions
- Snider's Sons' Co. v. TroySupreme Court of Alabama · 1890
- Central Agricultural & Mechanical Ass'n v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1881
- Cahall v. Citizens Mutual Building Ass'nSupreme Court of Alabama · 1878
- First National Bank v. LelandSupreme Court of Alabama · 1898
- Lehman, Durr & Co. v. WarnerSupreme Court of Alabama · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Cohn & Goldberg Lbr. Co. v. RobbinsSupreme Court of Alabama · 1909
- Rudisill Soil Pipe Co. v. Eastham Soil Pipe & Foundry Co.Supreme Court of Alabama · 1923
- Brown v. WebbOregon Supreme Court · 1912
- Eggleston v. WilsonSupreme Court of Alabama · 1924
- Central of Georgia Ry. Co. v. Union Springs & Northern Ry. Co.Supreme Court of Alabama · 1905
10 more not listed; retrieve them via the Exa API.