Joseph Holmes Fuel & Feed Co. v. Commercial National Bank
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. This is an action brought by The Commercial National Bank of Denver against The Joseph Holmes Fuel & Feed Company, E. R. Barton and James Matthews, upon two promissory notes.
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Appeal from the District Court of Arapahoe County. This is an action brought by The Commercial National Bank of Denver against The Joseph Holmes Fuel & Feed Company, E. R. Barton and James Matthews, upon two promissory notes. The complaint avers, inter alia, that “ the plaintiff is a national bank doing business under the act of ■congress, and that defendant, The Joseph Holmes Fuel & Feed Company, is a corporation existing and doing business as a Colorado corporation; ” sets out the two notes in hcee verla, their execution in the name of the defendant company and their endorsement by E. R.…
1Opinion of the CourtJustice Goddard
The ground principally relied on for reversal is the want of allegation and proof of the corporate existence of the plaintiff bank. We think this claim is without merit. The action is brought in the name of The Commercial National Bank of Denver, and the complaint avers that the plaintiff is a national bank, doing business under the act of congress. The national bank act (sec. 5136 of the Rev. Stats. U. S.) provides that a company organized pursuant to its terms shall be a body corporate. It is held in many of the cases that if a corporation sues by a name which imports a corporation, it is…
2Cases cited14 opinions
- The Phoenix Bank v. . DonnellNew York Court of Appeals · 1869
- Seymour & Sons v. Thomas Harrow Co.Supreme Court of Alabama · 1886
- Farmers & Merchants Insurance ex rel. Benneson v. NeedlesSupreme Court of Missouri · 1873
- Mackenzie v. Board of School TrusteesIndiana Supreme Court · 1880
- Stanly v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
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3Cited by4 opinions
- Kelleher v. Denver Music Co.Supreme Court of Colorado · 1910
- Young v. Plattner Implement Co.Supreme Court of Colorado · 1907
- Lougee v. WilsonColorado Court of Appeals · 1913
- Lougee v. WilsonColorado Court of Appeals · 1913