Central Bank v. Knowlton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County. The Central Bank of Wisconsin sued Enowlton and another, as successive indorsers of a bill of exchange. The complaint did not aver that the plaintiff was a body corporate. Demurrer to the complaint, on the ground that it did not appear on the face of it that the plaintiff had a legal capacity • to sue.
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APPEAL from the Circuit Court for Bock County. The Central Bank of Wisconsin sued Enowlton and another, as successive indorsers of a bill of exchange. The complaint did not aver that the plaintiff was a body corporate. Demurrer to the complaint, on the ground that it did not appear on the face of it that the plaintiff had a legal capacity • to sue. The circuit court overruled the demurrer, and the defendants appealed. contended that inasmuch as, under our statute, it is not necessary for a domestic corporation to prove its existence, on the trial, unless the defendant in his answer shall have…
1Opinion of the Court
By the Court,
Cole, J.
In the case of the Farmers fy Millers' Bank vs. Sawyer, 7 Wis. R, 379, this court expressed the opinion that where a suit was brought by a corporation, it was not necessary to allege that the plaintiff was a body corporate, created by or under the laws of this or any other state, and had capacity to sue, and that a demurrer to a complaint upon that ground would he bad. It is true that the precise question before the court in that case was whether the demurrer was frivolous, and we held that it was not. But still we supposed that a demurrer to a complaint on the ground…
2Cases cited4 opinions
- President of the Bank of Utica v. SmalleyNew York Supreme Court · 1824
- Harris v. Muskingum Manufacturing Co.Indiana Supreme Court · 1837
- Zion Church v. St. Peter's ChurchSupreme Court of Pennsylvania · 1843
- Union Mutual Insurance v. Osgood & AldenThe Superior Court of New York City · 1853
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