Indiana Supreme Court, 1869

McBroom v. Corporation of Lebanon

Indiana Supreme Court · Decided May 15, 1869 · Elliott

31 Ind. 268

Cases that cite this one

2 later published cases cite this decision.

First Nat. Bank of Stratford v. Walker (Okla. 1913)
Pancoast v. Travelers Insurance (Ind. 1881)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Elliott, C. J.

The code provides that every action must be prosecuted in the name of the real party in interest. 2 G-. & H. 84, sec, 8. The note sued on, being made payable to the treasurer of what purports to be a corporation, without giving the name of the treasurer, is, in effect, payable to the corporation, and shows it to be the party in interest. It is well settled in this State, that where one contracts *270with what purports to be a corporation, he is estopped from denying the existence of the corporation at the date of the contract. We do not judicially know that there is not, or cannot bo, a corporation by the name of the “ Corporation of Lebanon,” under the laws of this State. We have various statutes under which a corporation might be legally organized in such a name.

G. G. Nave, for appellant. A. J. Boone and JR. W. Harrison, for appellee.

We see no error in the rulings of the court complained of, and the judgment must therefore be affirmed.

The judgment is affirmed, with costs and ten per cent, damages.

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