Dean & Son, Ltd. v. W. B. Conkey Co.
Appellate Court of Illinois
Appeal from the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.
1Opinion of the Court
Mr. Presiding Justice Gridley
delivered the opinion of the court.
It is contended hy counsel for defendant that, under the issue formed hy defendant’s plea of nul tiel corporation, plaintiff did not sufficiently prove that it was a corporation, or, to use counsels’ language, “did not meet the burden which the law placed upon it.” “When this plea is interposed, the burden of proving corporate existence is cast on the plaintiff corporation. But this plea does not impose the burden upon the plaintiff of proving, that it was in all respects a perfectly legal corporation. It is sufficient, for a…
2Cases cited39 opinions
- State v. Illinois Central RailroadIllinois Supreme Court · 1910
- Booz v. Texas & Pacific Railway Co.Illinois Supreme Court · 1911
- Supreme Lodge of Ancient Order of United Workmen v. ZuhlkeIllinois Supreme Court · 1889
- Alpena Portland Cement Co. v. Jenkins & Reynolds Co.Illinois Supreme Court · 1910
- Barber v. International Co. of MexicoSupreme Court of Connecticut · 1901
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3Cited by16 opinions
- Pure Torpedo Corp. v. NationAppellate Court of Illinois · 1945
- Motive Parts Co. of America, Inc. v. RobinsonAppellate Court of Illinois · 1977
- Adam v. Columbian National Life InsuranceAppellate Court of Illinois · 1920
- Ocean Accident & Guarantee Corporation v. SchachnerCourt of Appeals for the Seventh Circuit · 1934
- Malkov Lumber Co., Inc. v. WolfAppellate Court of Illinois · 1971
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