Williams v. Hewitt
Supreme Court of Louisiana
A PPEAL from the Ninth District Court for the Parish of DeSoto. Fournet, J., in place of Hall, J., reeused. Pleas involving facts on the merits of an issue are not exceptions, but an answer. 29 An. 398; 25 An. 339; 21 An. 131. Defendants who plead corporate exemption from personal liability for their acts, imprudence or negligence, must, to escape liability, clearly establish the corporate existence and exemption which they plead.
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A PPEAL from the Ninth District Court for the Parish of DeSoto. Fournet, J., in place of Hall, J., reeused. Pleas involving facts on the merits of an issue are not exceptions, but an answer. 29 An. 398; 25 An. 339; 21 An. 131. Defendants who plead corporate exemption from personal liability for their acts, imprudence or negligence, must, to escape liability, clearly establish the corporate existence and exemption which they plead. Vrendenburg vs. Behan, 33 An. 635; 16 An. 153; 29 An. 369; 37 Cal. 354; 46 N. Y. 477; 3 N. Y. 394; 73 111. 197; 32 Ind. 138, 169; Parson’s Principles of…
1Opinion of the Court
The opinion of the court was delivered by
Miller, J.
The plaintiffs seek to hold defendants liable for an amount deposited in the Traders’ Bank, under which name it is alleged the defendants conducted the banking business, and the bank itself is included as a defendant. The defendants excepted that suing the bank along with the other defendants was a misjoinder, and es-topped the plaintiffs from denying the corporate capacity of the bank; that this estoppel was further supported by the fact plaintiff had recognized the corporate capacity of the bank by depositing the money and other dealings…
2Cases cited3 opinions
- Casey v. GalliSupreme Court of the United States · 1877
- Whitney v. WymanSupreme Court of the United States · 1880
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3Cited by8 opinions
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- Blanc v. Germania Nat. BankSupreme Court of Louisiana · 1905
- Provident Bank & Trust Co. v. SaxonSupreme Court of Louisiana · 1906
- Campbell v. J. I. Campbell Co.Supreme Court of Louisiana · 1906
- Louisiana Nat. Bank v. HendersonSupreme Court of Louisiana · 1906
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