Portsmouth Livery Co. v. Watson
Massachusetts Supreme Judicial Court
To this action of trover the defendants pleaded, in abatement 01 the writ and declaration, “ that the Portsmouth Livery Company is not a body incorporated by the legislature of this commonwealth, or under any law enacted by said legislature, or any authority of said commonwealth, and are not, by the laws of this commonwealth, authorized to sue this action, in and by the said name of the Portsmouth Livery Company, in manner and form as they have declared in the action…
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To this action of trover the defendants pleaded, in abatement 01 the writ and declaration, “ that the Portsmouth Livery Company is not a body incorporated by the legislature of this commonwealth, or under any law enacted by said legislature, or any authority of said commonwealth, and are not, by the laws of this commonwealth, authorized to sue this action, in and by the said name of the Portsmouth Livery Company, in manner and form as they have declared in the action aforesaid ; and the said defendants further say, that if the damages demanded in this action are by law recoverable in any form…
1Opinion of the Court
Per Curiam,.
The principle suggested by the plea in this case, as a rule of law, respecting societies not incorporated by some statute of this commonwealth, that the members are to sue in their private capacities and names, as individuals and copartners, has no foundation in any maxim, or in any argument of public convenience or policy, or in any positive provision of any statute. Our legislature recognize, in many instances, and to many purposes, corporations existing by foreign laws ; particularly those created by laws of any of the United States, as in the statutes against forgery and…
2Cases cited2 opinions
3Cited by22 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Muck v. . HitchcockNew York Court of Appeals · 1914
- Insurance Co. v. The C. D., Jr.U.S. Circuit Court for the District of Eastern Louisiana · 1870
- Libbey v. Hodgdon, Principal, & Portland Stage Co.Superior Court of New Hampshire · 1838
- Mayor of Columbus v. RodgersSupreme Court of Alabama · 1846
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