Carver Mercantile Co. v. Hulme
| Decision Date | 15 September 1888 |
| Citation | 7 Mont. 566 |
| Parties | CARVER MERCANTILE Co. v. HULME. |
| Court | Montana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from district court, Gallatin county.
Chumasero & McCutcheon, for appellant.
Sanders, Cullen & Sanders, for respondent.
DE WOLFE, J.
The appellant sued the respondent in the district court of Gallatin county to recover the sum of $646.17, alleged to be due appellant on a balance of account for goods, wares, and merchandise sold and delivered to defendant by George H. Carver & Co. The complaint is in the usual form of an action on account for goods sold and delivered. The defendant further alleges that plaintiff (appellant) is a corporation duly organized under the laws of Montana territory, and an assignment to it of the claim sued upon before the commencement of the action. The answer denies all the allegations of the complaint, and denies that plaintiff is a corporation, or that it has legal capacity to sue defendant. The cause was tried by the court without a jury. Upon the trial of the issues thus raised by the pleadings, the plaintiff offered in evidence the articles of incorporation of the Carver Mercantile Company, duly certified by the secretary of the territory; also copy of same articles, duly certified by the county clerk of Gallatin county as correct, and as being of record in the recorder's office of that county. Counsel for defendant objected to the introduction of said articles in evidence. The court sustained the objection, and refused to admit said articles in evidence. After the evidence on both sides was completed, the court filed its written findings of fact and conclusions of law, which, briefly stated, were that the defendant was personally liable on the bill sued for; but the plaintiff was not competent to sue, not being a corporation created by law; the territorial legislature not having the power under act of congress to provide by law for the formation of trading or mercantile corporations. This is the only question presented by the record; and the appeal is prosecuted for the purpose of having this question determined.
Section 1889 of the Revised Statutes of the United States, as far as it relates to the legality of the corporation now under consideration, is as follows: “The legislative assemblies of the several territories shall not grant private charters or especial privileges; but they may, by general incorporation acts, permit persons to associate themselves together as bodies corporate for mining, manufacturing, or other industrial pursuits.” The legislature of the territory, acting under the limitation contained in this law, or intending to act under its limitation, in 1872 passed a law for the formation of corporations for industrial or productive purposes. Without reciting at length the first section of this...
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Burritt v. City of Butte
...involved and thus destroy the purpose of the statute. (Black's Law Dictionary 4th Ed.) Plaintiffs cite an 1888 case, Carver Mercantile Co. v. Hulme, 7 Mont. 566, 19 P. 213, as authority for using a broad definition of 'industrial'. Carver involved the authority to organize corporations and ......
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Appeal of Liggett
... ... (C. C.) 23 F. 469, 474, the express business is held to be "an industrial pursuit." In both Carver v. Hulme, 7 Mont. 566, 19 P. 213, 214, and Agua, etc ... 139 A. 622 ... Co. v. Bashford, etc., , 4 Ariz. 203, 35 P. 983, a mercantile business—in the former, generally, for "the sale of goods," and in the latter, specifically, for ... ...
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Opinion of the Justices to the House of Representatives
...in any employment, either bodily or mental'; and 'industrial,' as consisting in or pertaining to industry." Carver Mercantile Co. v. Hulme, 7 Mont. 566, 571 (1888). Other courts, when called on to define "industry" or "industrial," have adopted the definition supplied by one of the several ......
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Briggs v. Zia Co., 6233
...some business or money making occupation as distinguished from the professions, the arts, or agriculture.' In Carver Mercantile Co. v. Hulme, 7 Mont. 566, 19 P. 213, at page 214, the court gave another aspect of the term 'industry' as follows: '* * * 'Industry' is defined by lexicographers ......