Sawyer v. Pabst Brewing Co.
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Maricopa. Andrew S. Gibbons, Judge. STATEMENT OE PACTS. The Pabst Brewing Company sued the Arizona Mercantile Company, alleging it to be a partnership consisting of Sawyer, Olney, and Wolpe. The Mercantile Company and Wolpe defaulted.
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APPEAL from a judgment of the Superior Court of the County of Maricopa. Andrew S. Gibbons, Judge. STATEMENT OE PACTS. The Pabst Brewing Company sued the Arizona Mercantile Company, alleging it to be a partnership consisting of Sawyer, Olney, and Wolpe. The Mercantile Company and Wolpe defaulted. Defendants, Sawyer and Olney joined in an answer to the complaint, in which they alleged that the goods for the value of which plaintiff sued were sold and delivered to the Arizona Mercantile Company, a duly organized and existing corporation doing business in Arizona. They also alleged that they were…
1Opinion of the CourtRoss, C. J.
(After Stating the Facts as Above.)— It is the contention of defendants on this appeal that the above facts clearly show that they were not a partnership, and that the court,' therefore, erred in its refusal, at the close of the evidence, to instruct the jury to return a verdict in their favor.
“As to ability to transact business, corporations may be divided into three classes: First, de jure corporations, or those where the organization is entirely and legally perfected; second, de facto corporations, where there has been a bona fide attempt to organize a corporation and a user of corporate…
2Cases cited5 opinions
- Bank of De Soto v. ReedCourt of Appeals of Texas · 1908
- Weathersby v. Texas & Ohio Lumber Co.Texas Supreme Court · 1915
- Wesco Supply Co. v. SmithSupreme Court of Arkansas · 1918
- Alder Slope Ditch Co. v. Moonshine Ditch Co.Oregon Supreme Court · 1918
- Forbes v. WhittemoreSupreme Court of Arkansas · 1896
3Cited by5 opinions
- Provident Security Life Insurance Company v. John S. GorsuchCourt of Appeals for the Ninth Circuit · 1963
- Rice v. Sanger BrothersArizona Supreme Court · 1924
- Terrell v. Industrial CommissionCourt of Appeals of Arizona · 1973
- State Tax Commission v. Oliver's Laundry & Dry Cleaning Co.Court of Appeals of Arizona · 1973
- Sawyer v. Manitou Mineral Water Co.Arizona Supreme Court · 1921