Society Perun v. Cleveland
Ohio Supreme Court
Error to the District Court of Cuyahoga county. On the 28th of January, 1874, the city of Cleveland conveyed to Perun (an incorporated school and library society), certain real estate situated in that city, and to secure the unpaid purchase-money therefor, Perun, on the same date, executed and delivered to the city its four promissory notes and a mortgage upon the premises conveyed.
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Error to the District Court of Cuyahoga county. On the 28th of January, 1874, the city of Cleveland conveyed to Perun (an incorporated school and library society), certain real estate situated in that city, and to secure the unpaid purchase-money therefor, Perun, on the same date, executed and delivered to the city its four promissory notes and a mortgage upon the premises conveyed. The .city neglected to file this mortgage for record until the 21st day of October, 1879. In February, 1874, certain persons attempted to organize a mutual benefit association under an act supplementary to an act…
1Opinion of the CourtOwen, J.
The defendants below, conceding that Society Perun had never been a corporation de jure, maintain that the court below should have permitted them to prove that such society was a de facto corporation ; that it attempted, in good faith, to become a body corporate; proceeded to act and transact business in good faith under the supposed authority of incorporation, and that its acts ought not to have been declared to be wholly void as against the city of Cleveland.
The judgment of ouster was an adjudication between the state and the society upon the right of the latter to exercise corporate…
2Cases cited22 opinions
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- Darst v. GaleIllinois Supreme Court · 1876
- Smith v. SheeleySupreme Court of the United States · 1871
- Pape v. Capitol BankSupreme Court of Kansas · 1878
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