Boyce v. Trustees of the Towsontown Station of the M. E. Church
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action of assumpsit brought by the appellant against the appellee. The defendant appeared by counsel, and filed the three following pleas. 1. That the defendants are not and never were a body corporate, as alleged. 2. And for a second plea, the defendants say, that the defendants never were indebted as alleged. 3. And for a third plea, the defendants say, they did not promise as alleged.
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Appeal from the Court of Common Pleas. This was an action of assumpsit brought by the appellant against the appellee. The defendant appeared by counsel, and filed the three following pleas. 1. That the defendants are not and never were a body corporate, as alleged. 2. And for a second plea, the defendants say, that the defendants never were indebted as alleged. 3. And for a third plea, the defendants say, they did not promise as alleged. Upon these pleas the plaintiff joined issue. First Exception. — The plaintiff, James Boyce, sworn on his own behalf, was the first witness called on either…
1Opinion of the Court
Stewart. J.,
delivered the opinion of the Court.
From a careful consideration of the case, we find no error in the rulings of the Circuit Court, in the four exceptions taken hy the appellant.
The controlling question to be determined under the first plea of the appellee of nul tiel corporation, is, whether any or all of the evidence offered on the part of the appellant in the said exception, and refused hy the Court was sufficient to show, that the appellant could he held to he a corporation de jure or de facto ; or to estop the. appellee from disputing its liability as a corporation.
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2Cases cited1 opinion
- Pennsylvania, Delaware, & Maryland Steam Navigation Co. v. DandridgeCourt of Appeals of Maryland · 1836
3Cited by13 opinions
- Cranson v. International Business MacHines Corp.Court of Appeals of Maryland · 1964
- Western Maryland Railroad v. Blue Ridge Hotel Co.Court of Appeals of Maryland · 1905
- In Re HareDistrict Court, D. Maryland · 1962
- Isaac v. EmoryCourt of Appeals of Maryland · 1885
- Wall v. MinesCalifornia Supreme Court · 1900
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