Hudson v. Green Hill Seminary Corp.

Citations

• 113 Ill. 618
• 1885 Ill. LEXIS 734

Syllabus

<p>1. Corporation—plea of mil tiel corporation—evidence required. In a suit by a corporation upon an agreement in writing to pay it a sum of money, a plea of nul tiel corporation will not impose upon the plaintiff the burden of proving that it is in all respects a perfectly legal corporation. The plaintiff will be entitled to recover on the issue presented by such plea, by making proof that it has a de facto existence.</p> <p>2. Same—proof of de facto existence of corporation—admissibility of evidence—in the case of a foreign corporation. In a suit in this State in the name of an alleged corporation claimed to have been organized under the laws of Indiana, a special act of the General Assembly of that State purporting to legalize its incorporation, even though the act be invalid, as falling under the provision of the constitution of that State prohibiting the passage of special laws, is properly admissible in our courts as evidence of the recognition by that State pf the fact that the plaintiff assumes to exist and act as a corporation, and has a de facto existence.</p> <p>3. Upon the question of the de facto corporate existence of a corporation of the State of Indiana, in a suit by it in this State, in which nul tiel corporation is pleaded, a decision of the Supreme Court of the State of Indiana not pertinent to the issue being tried, is properly excluded as evidence to the jury.</p> <p>4. Same—what'will show the defacto existence of a corporation. In a suit by a corporation upon a promissory note or written obligation made by the defendant for the payment of money, the execution of such note or obligation will afford sufficient prima facie evidence of the de facto corporate existence of the plaintiff, and no further proof thereof is necessary until such proof is rebutted.</p> <p>5. An association may be regarded as a de facto corporation when there is a law authorizing the creation of a corporation of its class and powers, and when there is an attempt, in good fai