Sawyer v. New York State Clothing Co.
Supreme Court of Vermont
Assumpsit brought to the April Term, 1885, against “ The New York State Clothing Company, a corporation created and existing under and by virtue of the laws of the State of New York, and having a branch house and doing business at the city of Burlington.” The officer’s return recited that service was made by delivering a copy of the writ to one Abraham Cane, treasurer.
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Assumpsit brought to the April Term, 1885, against “ The New York State Clothing Company, a corporation created and existing under and by virtue of the laws of the State of New York, and having a branch house and doing business at the city of Burlington.” The officer’s return recited that service was made by delivering a copy of the writ to one Abraham Cane, treasurer. Defendant pleaded no such corporation, and plaintiff moved to amend the writ upon the ground of a misdescription of the defendant as a corporation, by declaring against defendant as a copartnership, and by inserting the names…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
As there was no such corporation as The New York State Clothing Company, the suit was originally *590against nobody. Halbert v. Soule, 57 Vt. 358. Hence, delivering a copy of the writ to Cane, the supposed treasurer of such a corporation, brought nobody into court; and there being originally no defendant, it was not competent to make one by amendment.
Judgment reversed and cause dismissed.
2Cases cited1 opinion
- Halbert v. SouleSupreme Court of Vermont · 1885
3Cited by5 opinions
- Bateman v. WoodMassachusetts Supreme Judicial Court · 1937
- Blue Ridge Electric Membership Corp. v. Grannis Bros.Supreme Court of North Carolina · 1950
- Town of Barton v. Town of SuttonSupreme Court of Vermont · 1919
- Zukowski v. ArmourAppellate Court of Illinois · 1903
- Lyman v. JamesSupreme Court of Vermont · 1912