Lewelling v. Manufacturing Wood Workers Underwriters
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James 8. Steel, Judge; 1. The court erred in quashing the service and dismissing the complaint. The concern was properly sued in its own name, Manufacturing Wood Workers Underwriters.
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Appeal from Howard Circuit Court; James 8. Steel, Judge; 1. The court erred in quashing the service and dismissing the complaint. The concern was properly sued in its own name, Manufacturing Wood Workers Underwriters. Acts 1915, p. 610. It was a voluntary association without incorporation, but upon methods and forms used by incorporated bodies for the prosecution of a common enterprise. 5 C. J. 1333; 96 Miss. 720; 24 L. E. A. 298. 2. An unincorporated association can not, in the absence ■ of statute, be sued in the company name, but statutory authority may be implied and it need not be…
1Opinion of the Court
BANT, J.,
(after stating the facts). (1) The Legislature of 1915 passed an act authorizing individuals, partnerships and corporations of this State to exchange reciprocal or inter-insurance contracts with each other, or with individuals, partnerships, and corporations of other States. Acts of 1915, page 610.
The only issue raised by the appeal is whether or not, in a suit to recover on a fire insurance policy, the subscriber may sue the association in its associated name. A voluntary association, being only a collection of individuals, could not, at common law, sue or be sued by its associated…
2Cited by16 opinions
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- Ketcher v. Sheet Metal Workers' International Ass'nDistrict Court, E.D. Arkansas · 1953
- Yeats v. DodsonSupreme Court of Missouri · 1939
- Long v. Sakleson (A. U., Inc.)Supreme Court of Pennsylvania · 1937
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