Gonsalves & Co. v. Watson

OPINION OF THE COURT BY

HARTWELL, J.

Tbe defendant pleaded a general denial in tbe action by the-plaintiff corporation for the price of goods sold and delivered. He offered no evidence but moved “to dismiss tbe case on the ground that there is no proof that tbe firm of Gonsalves & Company, Ltd., is a corporation.”

Tbe magistrate gave judgment for tbe plaintiff for- $46.00 and costs. Tbe defendant appealed on tbe point of law covered by bis motion. He relies on tbe general rule of law that tbe evidence must prove the allegations alleged in tbe complaint. Tbe plaintiff claims that while tbe plea…