Cozzens v. Chicago Hydraulic-Press Brick Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This is an action, brought by the appellee, the Chicago Hydraulic-Press Brick Company, against the appellant, James G. Cozzens and three other parties, to-wit: James M. Stebbins, John B. Mesney and Wheatley, Buck & Co., upon a contract of guaranty of the payment of a promissory note.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This is an action, brought by the appellee, the Chicago Hydraulic-Press Brick Company, against the appellant, James G. Cozzens and three other parties, to-wit: James M. Stebbins, John B. Mesney and Wheatley, Buck & Co., upon a contract of guaranty of the payment of a promissory note. Before the trial plaintiff obtained leave to amend by dismissing the case as to Wheatley, Buck & Co. During the trial the case was dismissed as to…
1Opinion of the CourtChief Justice Magruder
First—The plaintiff, the Chicago Hydraulic-Press Brick Company, is a corporation organized under the laws of Missouri; and it is claimed that its corporate existence was not proven. One of the pleas filed was the plea of nul tiel corporation. When this plea is interposed, the burden of proving corporate existence is cast on the plaintiff corporation. (Bailey v. Valley Nat. Bank, 127 Ill. 332). But this plea does not impose the burden upon the plaintiff of proving, that it was in all respects a perfectly legal corporation. It is sufficient, for a recovery upon the issue presented by that plea,…
2Cases cited6 opinions
- Lake Shore & Michigan Southern Railway Co. v. WardIllinois Supreme Court · 1891
- Hudson v. Green Hill Seminary Corp.Illinois Supreme Court · 1885
- Bailey v. Valley National BankIllinois Supreme Court · 1889
- Kingsland v. KoeppeIllinois Supreme Court · 1891
- Johnson v. GloverIllinois Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Marshall v. KeachIllinois Supreme Court · 1907
- Dean & Son, Ltd. v. W. B. Conkey Co.Appellate Court of Illinois · 1913
- Illinois Car & Equipment Co. v. Linstroth Wagon Co.Court of Appeals for the Seventh Circuit · 1902
- Petty v. Hayden Bros.Supreme Court of Iowa · 1901
- Kopf v. YordyAppellate Court of Illinois · 1916
6 more not listed; retrieve them via the Exa API.