Simon v. Calfee
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Bdward W. Wiwñeld, Judge; 1. The judgment as against the Arkansas Stables can not stand because thére was no evidence to show that it is such a corporation as can bind itself by indorsement on a note, io Cyc. 1109, ya; Ib. 1113, 2, 1115, 4. It is the duty of every person dealing with a corporation to inform themselves as to the extent oí its powers. 10 Cyc. U48e, (1) (11); 62 Ark. 33; 12 Cent.
Read the full summary
Appeal from Pulaski Circuit Court; Bdward W. Wiwñeld, Judge; 1. The judgment as against the Arkansas Stables can not stand because thére was no evidence to show that it is such a corporation as can bind itself by indorsement on a note, io Cyc. 1109, ya; Ib. 1113, 2, 1115, 4. It is the duty of every person dealing with a corporation to inform themselves as to the extent oí its powers. 10 Cyc. U48e, (1) (11); 62 Ark. 33; 12 Cent. Dig. col. 1902. A plea of the general issue in an action by a corporation does not admit the power of the plaintiff to make the contract declared on; and proof of that…
1Opinion of the CourtHill, C. J.
I. Calfee sued Chas. M. Simon, Julia Simon and Arkansas Stables on two promissory notes for $125 each in favor of J. P. Allen & Company, signed by Chas. M. Simon and assigned to Calfee, a member of Allen & Company, and indorsed by Julia Simon and Arkansas Stables. Julia Simon went out of the case on a plea of coverture. The complaint alleged the indorsement of the notes by Arkansas Stables, a corporation organized under the laws of Arkansas.
The answer did not deny this allegation as to the corporate existence of Arkansas Stables.
The first point made is that there was no evidence introduced to…
2Cases cited1 opinion
- City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
3Cited by5 opinions
- Winer v. Bank of BlythevilleSupreme Court of Arkansas · 1909
- Kenney v. StreeterSupreme Court of Arkansas · 1908
- Co-operative Stores Co. v. Marianna Hotel Co.Supreme Court of Arkansas · 1917
- Lena Lumber Co. v. BrickhouseSupreme Court of Arkansas · 1927
- Lena Lumber Co. v. BrickhouseSupreme Court of Arkansas · 1927