Rayburn v. Bank of Commerce

Citations

• 116 Miss. 54
• 76 So. 826

Syllabus

<p>Partnership. Corporations. Pleading organization. Report to secretary of state.</p> <p>Where in a suit by a bank on a note against the members of a firm, one of the defendants filed a special plea under oath denying that he was ever a member of the firm, and alleging that the note sued upon was in consideration of an indebtedness owing by a corporation of the same name as the alleged firm, organized under the laws of the state, this was sufficient though the plea did not state that the organization of the corporation was reported within thirty days to the secretary of state for even had such report been necessary when the corporation was organized, such defective organization was an affirmative matter which the bank should have set up by replication to the defendant’s special plea.</p>