Rust-Owen Lumber Co. v. Wellman

Citations

• 10 S.D. 122
• 72 N.W. 89
• 1897 S.D. LEXIS 25

Syllabus

<p>1. Plaintiff furnished lumber to a bridge company, and testified that he dealt with the individuals connected with the company as with a co-partnership, and he did not know it was incorporated until he signed the complaint in the suit. Held, that.the issue of partnership should be submitted to the jury, for, though there was a corporation, its officers and agents might, by their conduct, bind themselves individually as co-partners.</p> <p>2. The fact that plaintiff’s agent contracted for stock in a corporation which was never delivered, where plaintiff testified he did not know of the filing of articles of incorporation until the commencement of the suit, is not sufficient to justify a legal conclusion that plaintiff had knowledge of the existence of the corporation.</p> <p>3. One dealing with the Pierre & Pt. Pierre Bridge Company is not charged with notice of its incorporation from its name alone.</p>