Legal Opinion

Dodge v. Minnesota Plastic Slate Roofing Co.

Supreme Court of Minnesota

Decided January 15, 1869PublishedCited by 7 opinions

Tlie defendant-in tbis cause appeals from an order of the Court of Common Pleas for Namsey County overruling its demurrer to the plaintiff’s complaint.

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Tlie defendant-in tbis cause appeals from an order of the Court of Common Pleas for Namsey County overruling its demurrer to the plaintiff’s complaint. The allegations of the complaint are: That the said defendant is a corporation, constituted and organized under the laws of the State of Minnesota, and empowered, among other things, to make and furnish roofs as described in the agreement hereinafter mentioned ; that during the year 1866, the said defendant agreed with said plaintiff, in consideration of a certain compensation to be paid to said defendant, to construct and furnish for said…

1Opinion of the Court

By the Court.

MoMillaN, J.

At common law in an action against a corporation, by its corporate name, it was not necessary, for the purpose of alleging its existence, to, aver the authority or act by or under which it was created. Angell & Ames on Corp. Sec. 632, and authorities cited; Woolf vs. City Steamboat Co., 62 E. C. L., 103; Bank of Utica vs. Smalley, 2 Cow., 778 ; Union Mut. Ins. Co. vs. Osgood & Alden, 1 Duer, 708; Lighte et al. vs. Everett F. *56Ins. Co., 5 Bos., 716. The statute relied on by the defendant — Gen. Stat. Chap. 63, Sec. 94 — was intended to apply only in cases where it was…

2Cases cited1 opinion

  1. President of the Bank of Utica v. SmalleyNew York Supreme Court · 1824

3Cited by7 opinions

  1. State v. ChurchillSupreme Court of Arkansas · 1886
  2. Bowen v. WillardSupreme Court of Minnesota · 1938
  3. Martin v. Ky. Lands Investment Co.Court of Appeals of Kentucky · 1912
  4. State v. LoomisSupreme Court of Minnesota · 1881
  5. Howland v. JeuelSupreme Court of Minnesota · 1893

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