Battle v. Central Lumber Co.

Levy, J.:

Plaintiff has brought the action against an alleged foreign corporation, which, as a matter of fact, is a copartnership. As the contract for breach of which this action is brought recites that the defendant is a Virginia corporation and all other transactions between the parties were conducted with the understanding that the defendant was a corporate entity, there would seem to be a clear case of estoppel to bar the defendant from raising this objection. (Castle v. Lewis, 78 N. Y. 131; 14 C. J. 235, 247.) But the other objection raised is more serious. It is claimed that the property…