Augur Steel Axle & Gearing Co. v. Whittier
Massachusetts Supreme Judicial Court
Contract on an account annexed, the first item of which was, “ 1871. July 17. 1 carryall, consigned, $500.00.” The last item was, “ 1871. September 12. 1 carryall, consigned, $500.” The other items were of intermediate dates, and similar in description. The writ described the plaintiff as a corporation duly established by law, and doing business in New Haven, in the State of Connecticut.
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Contract on an account annexed, the first item of which was, “ 1871. July 17. 1 carryall, consigned, $500.00.” The last item was, “ 1871. September 12. 1 carryall, consigned, $500.” The other items were of intermediate dates, and similar in description. The writ described the plaintiff as a corporation duly established by law, and doing business in New Haven, in the State of Connecticut. The answer specifically denied that the plaintiff was a corporation, and denied generally all the allegations of the declaration. The amended declaration, hereinafter referred to, alleged that the plaintiff…
1Opinion of the CourtMorton, J.
The plaintiff is a corporation established by the laws of Connecticut. In order to prove its existence as a corporation, which was put in issue by the pleadings, it among other things put in evidence the certificate of the president and directors, which is required by the laws of Connecticut to be deposited with the secretary of state before the corporation shall commence business. Gen. Sts. Conn. 1866, tit. 7, e. 7, § 401.
It appearing that this certificate was not deposited until after the goods in suit were sold or consigned to the defendant, his counsel asked the court to rule that for…
2Cases cited2 opinions
- Hawes v. Anglo-Saxon Petroleum Co.Massachusetts Supreme Judicial Court · 1869
- Merrick v. Reynolds Engine & Governor Co.Massachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
- Kelley v. Newburyport & Amesbury Horse RailroadMassachusetts Supreme Judicial Court · 1886
- Chase's Patent Elevator Co. v. Boston Tow-Boat Co.Massachusetts Supreme Judicial Court · 1890
- Fay v. Boston & Worcester Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Card v. MooreAppellate Division of the Supreme Court of the State of New York · 1902
- Dold v. MunsorNebraska Supreme Court · 1922