Willard v. Trustees of Methodist Episcopal Church of Rockville Centre

Citations

• 66 Ill. 55

Syllabus

<p>1. Execution op instrument sued on&emdash;evidence where execution is not put in issue. Where suit was brought upon a subscription paper to which the defendant’s name appeared, and the execution of the same was not put in issue by a sworn plea: Held, no error to refuse to allow the subscriber to testify that he did not sign the paper.</p> <p>3. Subscription&emdash;to corporation before its organization in fact. Where a party made a subscription to a church before its organization in fact, it was held that it inured to the benefit of the corporation thereafter created.</p> <p>3. Corporation&emdash;proof of corporate existence. Where the plaintiff, suing as an incorporated church, proved that the trustees made contracts as a corporate body, superintended the erection of a church building, and generally performed the duties pertaining to their position, and introduced in evidence the formal certificate afterwards signed by the trustees, which referred to the original organization: Held, that this organization and user under it proved the existence of the corporation de facto, which was sufficient to enable it to maintain the suit, notwithstanding a plea of nut tiel corporation was interposed.</p>