Lumber Co. v. Ward
West Virginia Supreme Court
Statement of the case by GreeN, Judge : This was an action of assumpsit brought in the county of Soane by a corporation, the Greenbrier Lumber Company, against James T. Ward and P. G. Cunningham, late partners doing business under the name of Ward & Cunningham.
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Statement of the case by GreeN, Judge : This was an action of assumpsit brought in the county of Soane by a corporation, the Greenbrier Lumber Company, against James T. Ward and P. G. Cunningham, late partners doing business under the name of Ward & Cunningham. The declaration was filed at February rules, 1884, and contained nothing but the common counts for goods sold by the plaintiff to the defendants at their request, for money lent by the plaintiff to the defendants at their request, for money paid by the plaintiff to the defendants at their request, for money had and received by the…
1Opinion of the Court
GkbeN, Judge:
The declaration in this case was in assumpsit; and it contained only the common counts and was in proper form. It was nevertheless demurred to by the defendants. The only ground, which I can imagine, for a demurrer is, that the plaintiff in the declaration was a corporation. At one time there was an idea, that a corporation could only contract under its seal; but this has long since céased to be law; and a private corporation may now contract and be contracted with by simple contract everywhere ; and this is provided exjjressly in section 1 of chapter 52 of the Code ; and power…
2Cited by26 opinions
- McCreery's Adm'x v. Ohio River R.West Virginia Supreme Court · 1897
- Stark Electric R. v. McGinty Contracting Co.Court of Appeals for the Sixth Circuit · 1917
- Board of Education v. BerryWest Virginia Supreme Court · 1907
- State ex rel. Preston Mill Co. v. HowellWashington Supreme Court · 1912
- Childs v. HurdWest Virginia Supreme Court · 1889
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