Legal Opinion

Guaranty Discount & Collection Co. v. McClure

Louisiana Court of Appeal

Decided February 23, 1937No. 16545PublishedCited by 8 opinions

1Opinion of the Court

McCALEB, Judge.

The plaintiff, alleging itself to he a domestic corporation doing business in the city of New Orleans, brought this suit, as assignee of Hurwitz-Mintz Furniture Company, against the defendant, James McClure, on an open account for goods sold and delivered, in the sum of $138.44.

The defendant appeared and excepted to the capacity of the plaintiff to bring the suit and to stand in judgment on the ground that it is not a legal corporation and had no actual existence. Reserving the benefit of the exception, in the event it was overruled, and in compliance with the law respecting…

2Cases cited4 opinions

  1. Dunlevy Packing Co. v. JudermanLouisiana Court of Appeal · 1925
  2. Gillon v. MillerLouisiana Court of Appeal · 1930
  3. Granite Insurance v. PralonSupreme Court of Louisiana · 1855
  4. Mercantile Leaf Tobacco Co. v. Garcia-Quartararo Co.Louisiana Court of Appeal · 1931

3Cited by8 opinions

  1. Jefferson v. JeffersonSupreme Court of Louisiana · 1964
  2. Central Surety & Ins. v. Canulette Shipbuilding Co.Louisiana Court of Appeal · 1940
  3. Community Chest v. Union Mission Ass'nLouisiana Court of Appeal · 1947
  4. Post Office Employees Credit Union v. FrosinaLouisiana Court of Appeal · 1955
  5. Liberal Finance Corp. v. HillsLouisiana Court of Appeal · 1955

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