Crow River Valley Creamery Co. v. Strande
Supreme Court of Minnesota
Action in a justice court to recover $35 from N. K. Strande, defendant’s pro rata share of an indebtedness incurred by the Crow River-Valley Creamery Company. From a judgment rendered therein in favor of plaintiff, defendant appealed to the district court for Stearns county upon questions of law alone, where the judgment was affirmed’ by Taylor, J. From the judgment entered in the district court, defendant and the sureties on his appeal bond appealed.
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Action in a justice court to recover $35 from N. K. Strande, defendant’s pro rata share of an indebtedness incurred by the Crow River-Valley Creamery Company. From a judgment rendered therein in favor of plaintiff, defendant appealed to the district court for Stearns county upon questions of law alone, where the judgment was affirmed’ by Taylor, J. From the judgment entered in the district court, defendant and the sureties on his appeal bond appealed. An instrument, dated January 21, 1901, set forth that its forty seven-signers had joined themselves together as a creamery company and'…
1Opinion of the CourtJaggard, J.
(after stating the facts as above).
The complaint in this action expressly states that the plaintiff is a duly organized corporation. The answer is a general denial. In the absence of a specific averment of the defendant that the plaintiff was not a corporation, no proof of that fact was required. Section 4148, R. E. 1905. For purposes of this case, and for these purposes only, it follows that the plaintiff was a corporation.
*48That corporation was in existence at the time this suit was brought. The cause of action on which it is based was not an assessment or call on stockholders. It did not…
2Cases cited1 opinion
- Minneapolis Threshing Machine Co. v. DavisSupreme Court of Minnesota · 1889
3Cited by3 opinions
- City of Minneapolis v. RichardsonSupreme Court of Minnesota · 1976
- Trustees of First Presbyterian Church v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1916
- Finch, Van Slyck & McConville v. Le Sueur County Co-operative Co.Supreme Court of Minnesota · 1914