C. J. Toerring Co. v. R. E. Moore Co.

Citations

• 24 Del. 269
• 1 Boyce 269
• 75 A. 786
• 1910 Del. Super. LEXIS 9
• 1910 Del. LEXIS 31

Syllabus

<p>Corporation Plaintiff—Affidavit of Demand—Judgment Refused— Fact of Corporation and State of Creation; Must appear in Title of Suit or in affidavit.</p> <p>1. When it does not appear from the title of the suit that the plaintiff is a corporation, judgment will be refused notwithstanding the treasurer of the plaintiff in the affidavit of demand, deposes and says “that he is treasurer of the corporation, the plaintiff above named,” because the State or country creating such corporation must appear on the record, or in the affidavit of demand.</p> <p>2. Judgment will not be granted to a plaintiff corporation, at the first term of Court, upon an affidavit of demand, unless the fact that the plaintiff is a corporation and the place of its creation appears, either in the title of the suit or in the affidavit of demand made by the person authorized to make the affidavit.</p>