Rheem v. Naugatuck Wheel Co.
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was an action on the case by The Naugatuck Wheel Company, a corporation chartered by the state of Connecticut, against Jacob Rheem, for deceit, in wilfully and fraudulently recommending to the plaintiff one David Klinefelter, as a person in good credit, whereby they were induced to sell him a spoke-machine of the value of $600. The plea was not guilty.
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Error to the Common Pleas of Cumberland county. This was an action on the case by The Naugatuck Wheel Company, a corporation chartered by the state of Connecticut, against Jacob Rheem, for deceit, in wilfully and fraudulently recommending to the plaintiff one David Klinefelter, as a person in good credit, whereby they were induced to sell him a spoke-machine of the value of $600. The plea was not guilty. On the trial of the cause, the plaintiffs offered to give in evidence their original agreement of association, the record of the certificate filed with the town clerk, and also with the…
1Opinion of the Court
The opinion of the court was delivered by
Read, J.
The misnomer of a corporation plaintiff can only be taken advantage of by a plea in abatement: Gray v. Monongahela Navigation Company, 2 W. & S. 162; Fritz v. The Commissioners, 5 Harris 135. The want of an act of incorporation *364must be pleaded in abatement, or in bar specially: Zion Church v. The St. Peter’s Church, 5 W. & S. 215. This is the proper rule, and is the settled practice of the Supreme Court of the United States; Conard v. Atlantic Insurance Company, 1 Peters 450; Society for Preaching the Gospel v. Town of Pawlet, 4 Peters 480; who…
2Cases cited3 opinions
- Society for the Propagation of the Gospel in Foreign Parts v. Town of PawletSupreme Court of the United States · 1830
- Zion Church v. St. Peter's ChurchSupreme Court of Pennsylvania · 1843
- Gray v. Monongahela Navigation Co.Supreme Court of Pennsylvania · 1841
3Cited by7 opinions
- Commonwealth v. Monumental Properties, Inc.Supreme Court of Pennsylvania · 1974
- Woodward v. DietrichSupreme Court of Pennsylvania · 1988
- Emery Corp. v. Century Bancorp., Inc.District Court, D. Massachusetts · 1984
- Righter v. ParrySupreme Court of Pennsylvania · 1920
- Acme Fertilizer & Plant Food Co. v. Weaver, Pennsylvania Court of Common Pleas, Lancaster County1928
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