W. L. Wells Co. v. Gastonia Cotton Manufacturing Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The plaintiff, the W. L. Wells Company, seeks, in this action to recover a balance alleged to be due from the defendant, the Gastonia Cotton Manufacturing Company, on account of certain sales of cotton in the years 1899 and 1900. The complaint averred that the plaintiff and defendant were, respectively, created and duly organized as corporations — the former, under the laws of Mississippi; the latter, under…
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The plaintiff, the W. L. Wells Company, seeks, in this action to recover a balance alleged to be due from the defendant, the Gastonia Cotton Manufacturing Company, on account of certain sales of cotton in the years 1899 and 1900. The complaint averred that the plaintiff and defendant were, respectively, created and duly organized as corporations — the former, under the laws of Mississippi; the latter, under the laws of North Carolina. The. defendant admitted'that it was a corporation, duly organized under the laws of North…
1Opinion of the CourtJustice Harlan
As the plaintiff was not entitled, to maintain its action in the Circuit Court unless it was a corporation of Mississippi, Great Southern Fire-Proof Hotel Co., v. Jones, 177 U. S. 449, 454, 456, and the authorities there cited, the denial in the answer of knowledge or information sufficient to form a belief on that point put in issue the plaintiff’s corporate character, within the meaning of the rule, no longer to be questioned, that for purposes of suing and of being sued in the courts of the United States the members of a corporation are to be deemed citizens of the State by whose laws it…
2Cases cited4 opinions
- Great Southern Fire Proof Hotel Company v. JonesSupreme Court of the United States · 1899
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- Roberts v. LewisSupreme Court of the United States · 1892
3Cited by27 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Langdon L. Skarda, Carolyn A. Skarda, Lynell G. Skarda, Kathryn B. Skarda, Cash T. Skarda and Annabel S. Skarda v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1957
- Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
- Hill v. WalkerCourt of Appeals for the Eighth Circuit · 1909
- Temple Enterprises, Inc. v. CombsOregon Supreme Court · 1940
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