Legal Opinion

Workingmen's Bank v. Converse

Supreme Court of Louisiana

Decided May 15, 1881No. 7205PublishedCited by 1 opinion

APPEAL from the Eifth District Court for the parish of Orleans. Rogers, J. First — On an allegation of ownership, any person or corporation may prove such allegation by any species of evidence not prohibited by law. Second — On a merger of a defacto, into a dejure corporation, all rights being transferred, the new company can judicially assert its claims in court.

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APPEAL from the Eifth District Court for the parish of Orleans. Rogers, J. First — On an allegation of ownership, any person or corporation may prove such allegation by any species of evidence not prohibited by law. Second — On a merger of a defacto, into a dejure corporation, all rights being transferred, the new company can judicially assert its claims in court. Third — When, in addition thereto, all the old stockholders approve, ratify and sanction such, action, a defendant sued, who cannot he injured, and has no defense, cannot be heard to question such right of transfer. First — That…

1Opinion of the Court

The opinion of the Court was delivered by

Fenner, J.

In the ease of Workingmen’s Accommodation Bank vs. ’ Geo. T. Converse et al, decided by this Court and reported in 29 An. 369, the then plaintiff, as a corporation, brought suit against the defendants as principal and surety on the bond of a defaulting .paying-teller. The *964Court there decided that the then plaintiff was not a corporation and could not maintain the suit as such, which was, therefore, dismissed, reserving the rights of the individual members of the association to sue, in their own names, on the bond.

The present plaintiff brings…

2Cited by1 opinion

  1. Dunlevy Packing Co. v. JudermanLouisiana Court of Appeal · 1925

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