State v. Banking Department of Citizens' Bank

Citations

• 113 La. 150
• 36 So. 921
• 1904 La. LEXIS 631

Syllabus

<p>ACTION AGAINST CORPORATION — SERVICE 03? CITATION — EXCEPTIONS—DETERMINATION OE 033JECTI0N — ACTION.</p> <p>1. Plaintiff sues to recover a license, which, if due, is due by the Citizens’ Bank for carrying on a separate banking department.</p> <p>The president of the Citizens’ Bank, upon whom a copy of the petition and citation have been served, excepted for the purpose only of bringing to the notice of the court the fact that he has no authority to stand in judgment for that department, and that there is no such corporation.</p> <p>2. The above objection to the want of citation should be decided contradictorily with the Citizens’ Bank. An organized department of a corporation may be sued in its corporate name, if its charter authorizes the suit. Stone v. Faculty of Medical Department, 28 La. Ann. 104; otherwise, the suit must be brought against it, the separate department, in the corporate name of the corporation.</p> <p>3. The issues of corporation and estoppel, and other questions urged, are to be considered contradictorily with the Citizens’ Bank, and it is with it that it must be determined whether or not there is a cash or banking department of the Citizens’ Bank of Louisiana. The court goes no further than to decide the one question stated (of want of citation), and leaves all the others open.</p> <p>Monroe, J., dissenting.</p> <p>(Syllabus by the Court.)</p>