Long v. Madison Hemp & Flax Co.

Court of Appeals of Kentucky

Long v. Madison Hemp & Flax Co.

8 Ky. 105, 1 A.K. Marsh. 105, 1817 Ky. LEXIS 138

DecidedDecember 2, 1817

StatusPublished

This text of 8 Ky. 105 (Long v. Madison Hemp & Flax Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Long v. Madison Hemp & Flax Co., 8 Ky. 105, 1 A.K. Marsh. 105, 1817 Ky. LEXIS 138 (Ky. Ct. App. 1817).

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Opinion

The Chief Justice

delivered the opinion of the court.

The action in this case being founded upon a writing which is alledged to be subscribed by the name, but not averred to be under the seal of the corporation, cannot be sustained. According to the principles of the common law, á corporation aggregate can only contract by its common seal, that being the only mode by which it can manifest its intention, and we know of no statutory provision which enabled the corporation to bind itself, otherwise in this case. The judgment of the circuit court in favor of the the corporation, is, therefore, correct, and must be affirmed with cost.

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The Chief Justice

delivered the opinion of the court.

The action in this case being founded upon a writing which is alledged to be subscribed by the name, but not averred to be under the seal of the corporation, cannot be sustained. According to the principles of the common law, á corporation aggregate can only contract by its common seal, that being the only mode by which it can manifest its intention, and we know of no statutory provision which enabled the corporation to bind itself, otherwise in this case. The judgment of the circuit court in favor of the the corporation, is, therefore, correct, and must be affirmed with cost.

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Bluebook (online)

8 Ky. 105, 1 A.K. Marsh. 105, 1817 Ky. LEXIS 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-madison-hemp-flax-co-kyctapp-1817.