Fidelity Insurance v. Henry

CONCURRING OPINION OF

PERRY, J.

It seems to me to be unnecessary to consider to any extent the correctness of the ruling in Waikapu Sugar Co. v. Hawaiian Commercial & Sugar Co., 8 Haw. 343, 351, that “the president of a corporation cannot by virtue of his office and without authority from the corporation begin suit in the name of the corporation,” or to suggest any possible limitations to its applicability. With reference to that decision it is sufficient to say that in that case the point was raised by a plea in abatement supported by affidavit while in the case at bar no evidence was offered…