O'Donald v. Evansville, Indianapolis, & Cleveland Straight Line Railroad

Suit by appellee against appellant, on a promissory note. Demurrer to complaint overruled. It is insisted that in this ruling there was error, because the complaint did not contain an averment that the plaintiffs were an incorporated company. The objection is not well taken-It did not appear on the face of the complaint that the plaintiffs were not a corporation, or had not capacity to sue, and for the purposes of the suit they should be intended to be a corporation, the name being such as might be probably adopted. 3 Harrison, 105.—1 Duer, 708.— Richardson v. The St. Joseph Iron Company, 5…