Hanover National Bank v. Johnson
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. John Moore. Tins action was brought by the Hanover National Bank of New York, against J. C. Johnson & Co., a partnership composed of J. C. Johnson and R. L. Smith, and against the partners individually; and was commenced on the 17th September, 1887. In the original complaint, the plaintiff was described as “a corporation duly chartered and incorporated under and by virtue of the laws of the State of New…
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. John Moore. Tins action was brought by the Hanover National Bank of New York, against J. C. Johnson & Co., a partnership composed of J. C. Johnson and R. L. Smith, and against the partners individually; and was commenced on the 17th September, 1887. In the original complaint, the plaintiff was described as “a corporation duly chartered and incorporated under and by virtue of the laws of the State of New York;” but, by amendment filed after the reversal on the former appeal (88 Ala. 271), this description was struck out, and…
1Opinion of the CourtMcOLELLAN, J.
There was no error in overruling the motion of plaintiff to strike out the plea of nul tiel corporation. The plea was held to be sufficient on the former appeal in this case, and it could not be vitiated by the subsequent-enactment of the statute requiring such pleas to be verified. The statute should not be given a retroactive effect, so as to destroy the efficacy of steps already taken in a pending suit, though, as it relates only to the remedy, it would operate upon proceedings taken after its passage in a cause then pending.
The fact of the corporate existence and capacity of the plaintiff…
2Cases cited6 opinions
- First National Bank of New Windsor v. BynumSupreme Court of North Carolina · 1881
- Maryland Fertilizing & Manufacturing Co. v. NewmanCourt of Appeals of Maryland · 1883
- Nickerson v. SheldonIllinois Supreme Court · 1864
- First National Bank of Stillwater v. LarsenWisconsin Supreme Court · 1884
- Johnson v. Hanover National BankSupreme Court of Alabama · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Metropolitan Life Ins. Co. v. BramlettSupreme Court of Alabama · 1932
- Ala. Nat. Bank v. Parker & Co.Supreme Court of Alabama · 1906
- Jones v. MartinAlabama Court of Appeals · 1917
- Albany Warehouse Co. v. F. B. Fisk Cotton Co.Alabama Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.