Holden v. Great Western Elevator Co.
Supreme Court of Minnesota
Appeal by defendant, the Great Western Elevator Company, from an order of the district court for Renville county, Webber, J., overruling its demurrer to the complaint on the ground that it fails to state a cause of action. In an action by or against a corporation its legal existence should be alleged and proved.
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Appeal by defendant, the Great Western Elevator Company, from an order of the district court for Renville county, Webber, J., overruling its demurrer to the complaint on the ground that it fails to state a cause of action. In an action by or against a corporation its legal existence should be alleged and proved. Bliss, Code PI. §§ 246, 247, 258, 260; G. S. 1894, § 5253; Becht v. Harris, 4 Minn. 394 (504); West v. Eureka, 40 Minn. 394; Foerster v. Kirkpatrick, 2 Minn. 171 (210); State v. Chicago, 4 S. D. 261; Byington v. Mississippi, 11 Iowa, 502; Sweet v. Ervin, 54 Iowa, 101; Mechanics v.…
1Opinion of the CourtMitchell, J.
This action was brought to recover damages for the wrongful conversion of the personal property of the plaintiff by the defendant. The title of the action was “J. H. Holden, Plaintiff, against Great Western Elevator Company, a Corporation, Defendant,” but there was no allegation in the complaint that the defendant was a corporation. The defendant appeared by the name by which it was sued, and demurred to the complaint on the ground that it did not state *529facts sufficient to constitute a cause of action. From an order overruling the demurrer, the defendant appealed.
The particular objection…
2Cases cited1 opinion
- Howland v. JeuelSupreme Court of Minnesota · 1893
3Cited by7 opinions
- Hollister v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of Minnesota · 1901
- Lee v. ScriverSupreme Court of Minnesota · 1919
- Minneapolis Plumbing Co. v. Arcade Investment Co.Supreme Court of Minnesota · 1914
- Trustees of First Presbyterian Church v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1916
- Finch, Van Slyck & McConville v. Le Sueur County Co-operative Co.Supreme Court of Minnesota · 1914
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