Snider's Sons' Co. v. Troy
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by the Louis Snider’s Sons’ Company, a corporation created under the laws of Ohio, against D. S. Troy, and was commenced on the 15th February, 1890. The complaint contained a single count, which claimed $827.92 for goods consisting of paper and other printing materials, sold by plaintiffs in March, April, May, and July, 1888, to or on the order of the Dispatch…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by the Louis Snider’s Sons’ Company, a corporation created under the laws of Ohio, against D. S. Troy, and was commenced on the 15th February, 1890. The complaint contained a single count, which claimed $827.92 for goods consisting of paper and other printing materials, sold by plaintiffs in March, April, May, and July, 1888, to or on the order of the Dispatch Publishing Company, then publishing a newspaper in the city of Montgomery. The complaint alleged that said publishing company…
1Opinion of the CourtClopton, J.
A corporation de facto exists, when from irregularity or delect in the organization or constitution, or from some omission to comply with the conditions precedent., a corporation de jure is not created, but there has been a colorable compliance with the requirements of some law under which, an association might be lawfully incorporated for the purposes and powers assumed, and a «se?1 of the rights claimed to be conferred by the law — when there is an organization with color of law, and the exercise of corporate franchises. Meth. E. Un. Church v. Pickett, 48 N. J. L. 599.
The enabling law,…
2Cases cited16 opinions
- Whitney v. WymanSupreme Court of the United States · 1880
- Bigelow v. GregoryIllinois Supreme Court · 1874
- Abbott v. Omaha Smelting & Refining Co.Nebraska Supreme Court · 1876
- Planters' & Miners' Bank v. PadgettSupreme Court of Georgia · 1882
- First National Bank v. AlmyMassachusetts Supreme Judicial Court · 1875
11 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Georgia Southern & Florida Railroad v. Mercantile Trust & Deposit Co.Supreme Court of Georgia · 1894
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Alabama Fidelity Mort. & Bond Co. v. DubberlySupreme Court of Alabama · 1916
- Sun River Stock & Land Co. v. Montana Trust & Savings BankMontana Supreme Court · 1928
- Doty v. PattersonIndiana Supreme Court · 1900
29 more not listed; retrieve them via the Exa API.