Montgomery v. Harker
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by George S. Montgomery, receiver of the Red River Valley Mutual Hail Insurance Company, against W. H. Harker. Judgment for plaintiff. Defendant appeals. Persons claiming to have organized themselves into a corporation under the general law are not free from having their claim attacked collaterally when no articles of association are filed.
Read the full summary
Appeal from District Court, Richland County; Lauder, J. Action by George S. Montgomery, receiver of the Red River Valley Mutual Hail Insurance Company, against W. H. Harker. Judgment for plaintiff. Defendant appeals. Persons claiming to have organized themselves into a corporation under the general law are not free from having their claim attacked collaterally when no articles of association are filed. Abbott v. Omaha Smelting Co., 4 Neb. 416; Childs v. Smith, 55 Barb. 45. The corporation is deemed to exist from the time the certificate of incorporation prescribed by statute is issued.…
1Opinion
ON PETITION FOR REHEARING.
A rehearing and reargument is requested in this case by respondent upon the ground that our decision was made upon “a misapprehension of the facts adduced in evidence and considered by the trial rourt.” The petition is accompanied by a written stipulation signed by counsel for both parties to the effect that an assessment was in fact made for the year i8q8, and that evidence of that fact was introduced at the trial in the District Court. The stipulation recites that the omission to include the same in the statement of case transmitted to this court was due to an…
2Cases cited6 opinions
- Moore v. BookerNorth Dakota Supreme Court · 1894
- Coulter v. Great Northern Railway Co.North Dakota Supreme Court · 1896
- Thuet v. StrongNorth Dakota Supreme Court · 1898
- Baumer v. FrenchNorth Dakota Supreme Court · 1899
- Montgomery v. HarkerNorth Dakota Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.