Jackson ex dem. Trustees of the Union Academy v. Plumbe
8 Johns. 378
Opinion
The rule seems to be that when a corporation sues, either on a contract, or to recover real property, they must, at the trial, under the general issue, prove that they are a corporation. (Hob. 21. 2 Ld. Raym. 1535. 1 Kydon Corporations, 292, 293. Peters v. Mills, Bull. N. P. 107.) The nonsuit in this case was, therefore, properly directed.
Motion denied.
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Jackson ex dem. Trustees of the Union Academy v. Plumbe, 8 Johns. 378 (N.Y. Super. Ct. 1811).
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