Greene v. Masten

Decided June 29, 1896

Appellate Court of Illinois · decided 1896-06-29

<p>1. Corporations—Liability of Officers—Failure to file Certificate.— The failure to file the certificate of organization of a corporation in the recorder’s office, renders the officers of such corporation liable for its debts.</p> <p>2. Practice—Non-Joinder of Defendants—Waiver.—Non-joinder of defendants is matter in abatement and is waived by pleading to the merits.</p>

Cited by 1 later decisions — most recently January 1912

1 state decisions

Relies on Loverin v. McLaughlin · Loverin v. McLaughlin

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1896-06-29

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Mr. Presiding Justice Gary

¶1delivered the opinion of the Court.

¶2The appellant sued the appellees upon a promissory note for one hundred dollars, indorsed to him by the payee, of which the “Economy Dry Paste Company” was the maker. Of that company the appellees were officers, but the certificate of organization of the company was not filed in the recorder’s office'. The appellees are therefore liable for the debts of the company. We have waited long for the Supreme Court to decide Loverin v. McLaughlin, in which wc held (46 Ill. App. 373) that proposition to be law, and in 161 Ill. 417, onr decision is affirmed.

¶3It follows that the appellant was entitled to recover, if the company owed the money the note calls for, and therefore the judgment in favor of the appellees is reversed and the cause remanded.

¶4Eon-joinder of defendants is only matter in abatement, waived by proceeding on the merits. Puterbaugh PI. & Pr., 158.

¶5Reversed and remanded.