Howe Machine Co. v. Robinson

Citations

• 7 Daly 399

Syllabus

<p>Where a corporation organized by or under any statute of this State, in a suit by it desires to take advantage of the statutory provisions (2 R. S. 458, § 3, as amended by L. 1864, c. 422, and L. 1875, c. 508) relieving such corporations under certain circumstances from proving on the trial of suits by or against them, the existence of such corporation, it must allege in its complaint its incorporation by or under a statute of this State, and if it does not do so it must, on. a general denial being interposed, prove its incorporation on the trial.</p> <p>Even in a case where the defendant, by having contracted with the plaintiff in its corporate name, is estopped from denying its incorporation, this only extends to estop him from denying the incorporation where properly pleaded, and the plaintiff must still either properly allege the incorporation in its complaint or prove it on the trial, if a general denial be interposed.</p> <p>A complaint in the name of a corporation as plaintiff is a sufficient allegation of incorporation to sustain the action, provided due proof of such incorporation is made when required.</p>