Assumpsit, for money had and received, against “copartners doing business in the name of The Mendocino Flume and Mining Company.” Facts found by a referee. The defendants are members of a company which Mann and others undertook to organize as a corporation of that name under Gen. Laws, e. 152, and which is a corporation defacto.
Good law ✅— No negative treatment on recordhow we know
Decided 1889-06-05
How this case has been cited
Cited by 7 later decisions — most recently June 1965
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
It is not material in this case whether the corporation
de facto
was a corporation
de jure
or not. A want of
*185
regularity in its organization would not affect the validity of its contract with the plaintiff, and would not give him, against its members, as unincorporated persons, an action on a contract which he made with them as a corporation.
S. F. Bridge
v. Fisk, 28 N. H. 171, 178;
Ossipee Manf'g Co.
v. Canney, 54 N. H. 295, 312, 313;
Saunders
v. Farmer, 62 N. H. 572;
Jewell
v. Gilbert, 64 N. H. 13, 18;
Case
v. Kelly, 133 U. S. 21, 28; Mor. Corp.,
ss.
744-755.
