Duggan v. Colorado Mortgage & Investment Co.
Supreme Court of Colorado
Error to Superior Court of Denver. On the 2d day of October, 1882, the defendant in error, a corporation, was the owner of the chattels here in controversy, consisting of printing-presses, engines, type, machinery and printing supplies.
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Error to Superior Court of Denver. On the 2d day of October, 1882, the defendant in error, a corporation, was the owner of the chattels here in controversy, consisting of printing-presses, engines, type, machinery and printing supplies. Upon that day it sold and delivered the same to the World Printing and Publishing Company for the price of $l,8é0, and at the same time received from said company therefor $léO, and seventeen notes for $100 each, and a chattel mortgage of the said chattels as security for the payment of said notes. The notes and the chattel mortgage were executed under the…
1Per curiam
A corporation de facto presupposes a charter, or a law authorizing the creation of such a corporation, that there has been an attempt in good faith to comply with its provisions, and that there has been, user or the exercise of corporate powers under it. Against such a corporation, as a general rule, a collateral attack by third persons will not avail. The reason is that if rights and franchises have been usurped they are the rights and franchises of a sovereign, and he alone can interpose. Until such interposition the public may treat those possessing and exercising corporate powers under…
2Cases cited4 opinions
- Hudson v. Green Hill Seminary Corp.Illinois Supreme Court · 1885
- Tarbell v. PageIllinois Supreme Court · 1860
- Stout v. ZulickSupreme Court of New Jersey · 1886
- Searsburgh Turnpike Co. v. CutlerSupreme Court of Vermont · 1834
3Cited by12 opinions
- Georgia Southern & Florida Railroad v. Mercantile Trust & Deposit Co.Supreme Court of Georgia · 1894
- Triplex Shoe Co. v. Rice & Hutchins, Inc.Supreme Court of Delaware · 1930
- Jones v. Aspen Hardware Co.Supreme Court of Colorado · 1895
- First National Bank v. RockefellerSupreme Court of Missouri · 1906
- Bonfils v. HayesSupreme Court of Colorado · 1921
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