Dunning v. New Albany & Salem Railroad

Indiana Supreme Court

Dunning v. New Albany & Salem Railroad

2 Ind. 437

Indiana Supreme Court·Decided November 15, 1850·Published·Cited by 1 cases

Opinion

ASSUMPSIT by a corporation on a subscription of stock. Plea — general issue. Judgment for the plaintiff. The plea of general issue admits the capacity of the plaintiff to sue. Guaga Company v. Dawson, 4 Blackf. [438]*438202. — Harris v. Muskingum Co. id. 267. The Court takes notice officially of the public proclamations of the Governor. 1 Greenl. Ev. 65.

C. Dewey, for the plaintiff. R. Crawford, for the defendant.

Every presumption is indulged in favor of the legal existence of a corporation after it has gone into operation. Ang. & Ames on Corp. 506.

The judgment is affirmed on the weight of evidence, with costs, and 1 per cent, damages.

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ASSUMPSIT by a corporation on a subscription of stock. Plea — general issue. Judgment for the plaintiff. The plea of general issue admits the capacity of the plaintiff to sue. Guaga Company v. Dawson, 4 Blackf. [438]*438202. — Harris v. Muskingum Co. id. 267. The Court takes notice officially of the public proclamations of the Governor. 1 Greenl. Ev. 65.

C. Dewey, for the plaintiff. R. Crawford, for the defendant.

Every presumption is indulged in favor of the legal existence of a corporation after it has gone into operation. Ang. & Ames on Corp. 506.

The judgment is affirmed on the weight of evidence, with costs, and 1 per cent, damages.

Dunning v. New Albany & Salem Railroad, 2 Ind. 437 (Ind. 1850).

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Opinion

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