Frost v. Ainslie Lumber Co.

The opinion of the court was delivered by

Stiles, J.

At the trial of this cause the defendant, at the close of plaintiff’s testimony, moved for a nonsuit on the ground that the complaint did not allege the corporate character of the defendant, and that the person who was shown to have made the contract sued on did not appear to have been the authorized agent of the corporation. The complaint contained no other reference to the defendant as acorporation than what was in the title of the action, which was: “F. M. Frost v. The Ainslie Lumber Company, a corporation duly organized and existing and…