Hamilton v. Delaware Motor Trades, Inc.

Rodney, J.,

delivering the opinion of the court:

The citation of authorities seems unnecessary to sustain the general rule that, in the absence of an enabling statute, suits could not be maintained for or against an unincorporated association in the association name. 25 R. C. L. 72.

The statute quoted in the "Statement of Facts is such an enabling law as to suits against the association and was originally enacted on February 9th, 1866, as section 1, chapter 32, volume 13, Laws of Delaware. While the statute provides that suits can be *488brought against the individuals composing such unincorporated…