Board of Trustees v. Campbell
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish of Orleans. ^ King, J. Statement of the Case. Plaintiffs gave to W. P. Curtis, an auctioneer, a written authorization to sell their church property on Prytania near Conery street for the sum of forty-five hundred dollars. The defendant, Campbell, agreed to purchase the property at the price stated, and to bind the agreement made the usual deposit of ten per cent, of the price with the auctioneer.
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A PPEAL from the Civil District Court for the Parish of Orleans. ^ King, J. Statement of the Case. Plaintiffs gave to W. P. Curtis, an auctioneer, a written authorization to sell their church property on Prytania near Conery street for the sum of forty-five hundred dollars. The defendant, Campbell, agreed to purchase the property at the price stated, and to bind the agreement made the usual deposit of ten per cent, of the price with the auctioneer. On examination by his counsel the title was rejected as defective. (1) Because it was held by plaintiffs in trust, and really for use only; (2)…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, C. J.
In the examination of plaintiffs’ act of incorporation* we confine our attention to the specific objections to the *1545same urged by the defendant. Sec. 677 of the Revised Statutes declares that the incorporators of a corporation organized under its authority “shall prepare and sign” an instrument either in an authentic form or private signature containing certain specified declarations, among which is not included a requirement that the names of the incorporators should be mentioned in the body of the act. They are required to “ prepare and…
2Cases cited3 opinions
- Bickley v. Keenan & Co.Supreme Court of Alabama · 1877
- Shank v. ButschIndiana Supreme Court · 1867
- Madison v. ZabriskieSupreme Court of Louisiana · 1837
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- Lee v. Vaughan's Seed StoreSupreme Court of Arkansas · 1911
- Fawcett v. RogersCourt of Appeals of Texas · 2016
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