State v. New York & New Jersey Telephone Co.
Supreme Court of New Jersey
This writ brings up a judgment of the Essex Common Pleas, affirming a judgment rendered upon a verdict in favor of the New York and New Jersey Telephone Company against Rumsey, before a justice of the peace.
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The first reason assigned for reversal which I shall consider is that the plaintiffs, being a corporation, did not prove their corporate existence at the trial in the Common Pleas.
The record of the trial shows that one of the reasons urged before the Court of Common Pleas was that there had been no evidence of the capacity of the plaintiff to sue as a corporation, and it is admitted that there was an absence of such testimony.
It is settled in the superior courts of this state that the failure of a plaintiff suing as a corporation to prove its…
2Cases cited2 opinions
- Faxon v. HollisMassachusetts Supreme Judicial Court · 1816
- Hall v. GliddenSupreme Judicial Court of Maine · 1855
3Cited by4 opinions
- Wisconsin Steel Co. v. Maryland Steel Co.Court of Appeals for the Seventh Circuit · 1913
- Bank of Poneto v. KimmelIndiana Court of Appeals · 1929
- Gilmore v. WeisserSupreme Court of Colorado · 1920
- State v. CurtisSupreme Court of Louisiana · 1878