Kelley v. Stern Publishing & Novelty Co.
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; It was error to permit the witness, Rudinger, to testify that the Stern Publishing & Novelty Company was a corporation.
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Appeal from White Circuit Court; J. M. Jackson, Judge; It was error to permit the witness, Rudinger, to testify that the Stern Publishing & Novelty Company was a corporation. The corporate existence of a corporation is a matter of record, and the best evidence must be introduced, and a certified copy of the articles of incorporation should have been introduced. 7 R. C. L. 102; 28 Ark. 263; 107 Id, 56. Parol evidence may be introduced to prove the existence of a corporation. 3 Enc. of Ev., p. 604; Elliott on Corp. (4 ed.) 52. Appellant dealt with appellee as a corporation, and he can not be…
1Opinion of the CourtMcCulloch, C. J.
Appellee sues as a corporation organized and doing business in the State of New York, and its cause of action is based on an account for merchandise alleged to have been sold and delivered to appellant, who was engaged in the business of selling merchandise, especially military novelties; at or near Camp Pike. The answer contained a denial that appellee is a corporation as alleged in the complaint. There was a trial of the issues before a jury, and the verdict was in favor .of appellee for the full amount of the account sued on.
The only assignment of' error presented on this appeal relates to…
2Cases cited5 opinions
- Fleener v. StateSupreme Court of Arkansas · 1893
- Bank of Midland v. HarrisSupreme Court of Arkansas · 1914
- Wesco Supply Co. v. SmithSupreme Court of Arkansas · 1918
- Turner v. StateSupreme Court of Arkansas · 1913
- Brown v. StateSupreme Court of Arkansas · 1913
3Cited by7 opinions
- Edwards v. StateSupreme Court of Arkansas · 1926
- American Agricultural Chemical Co. v. BondSupreme Court of Arkansas · 1928
- Sturdivant v. Ka-Dene Medicine CompanySupreme Court of Arkansas · 1925
- Meadors v. StateSupreme Court of Arkansas · 1926
- American Trust Co. v. Netherlands-American Mortgage BankSupreme Court of Arkansas · 1925
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