The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-04
-Four Other Decisions.

-Four Other Decisions.
Other decisions handed down by the su-
preme court yesterday were:
In re assignment Of MAIDS A. Mossenn ct al,
insolvents; Lewis Ellington, assignee, etc,
respondent, vs. Mullen & Co: and w. E.
Mckenzie creditors, appellants.
Held, following in re BIRD, 81 MINI ozC
and in re Fuller, AZ MINI. %, that the deed
OF assignment in this case created trust 1or
the benefit of all the ass1gnors, credltors,
whether they released their claims or not,
and that the trial court erred in making 1t
condition to the right of creditors to share
in the assigned estate that they release their
claims. Order reversed. Start, Z. j.
John c. Johnson ct al, eo-partners as John
G. Johnson & Co., appellants, VS.. Schulln,
Linden, Lindberg Co., respondents.
1. An objection to the admission OF evil
dence to be available must direct the atten-
ton of the trial court to the precise ground
of objection urged on appeal.
2. For the purpose of establishing the eX-
istence Of corporation de facto oral testl-
mony, not purporting to give the contents
of corporate records or documents, tending
to show that after attempt to organize
a corporation by the execution OF articles OF
Incorporation the supposed corporation helo
meetings, adopted bylaws elected omcers,
who acted for the corporation, issued STOCK,
and did business as corporation, is admls-
sible without producing the corporate rec
ords or accounting for their loss.
Held further, that it was not error 10 per
NIT the members of the association to TESTIFY
that they never claimed to the plaintiffs that
it was a partnership, but did claim that II
was a corporation.
3. Held. following Finnegan vs. Noeren-
berg, % MINI. 239, that a de facto corporation
exists where there is law authorizing the
creation of q corporation, an attempt 10 or
ganize corporation pursuant to 1t, ana
user as corporation under such attempted
organization. substantial compliance with
the law is not necessary to the existence OF
a corporation de facto, but there must De a
wit followed
user as a corporation Of the rights which
the parties believed and claimed were con-
ferred upon them by the attempted orSanlza-
ton. -
Held. that the evidence was sufficient to
sustain 'N' W. N-N'' Start, C. ].
Charles N. Gunnison, appellant, vs.. United
States Investment Company ct al, defend
ants: Swan j. Turnblad. respondent.
Section 2599, General Statutes 1894, con-
strued and held that shareholder IN a cor
poration cannot affect his constitutional Ia
bility for the prior debts of the corporation
nv a bona fide sale of his stock to solvent
party and a transfer thereof on the books or
the corporation. Judgment reversed:
w. H. Towle, substituted as special admin,
istrator of James Tracey, deceased, and
Minerva Tracey respondents VS.. Georse D.
Sherer ct al, lappeifants.5 - - -. 5oa5
When the former existence OF lost oeeu
is denied, the evidence to establish II must
be strong and satisfactory
Held. the evidence in this case is OF tnat
character and sustains the findings of the
trial court. ;. :.
Tn an action to establish lost deed, 1t Is
immaterial that the deed was made In pur-
suance of an illegal or non-enforceaple con
tract at least, unless the deed was VoldaDle'
even if 1t had not been lost.
2. Under section $500, General Statutes 1854,
II a party to the action has interest enough
to hn q
cannot testify as to conversations with de-
ceased person. even though such interest
NAV he merely contingent and uncertain.
2 Held. secondary evidence OF the alleged
lost deed was, under the circumstances, prop
erly admitted. m
4 motion to strike out part OF an
answer to a question, without indicating
what part and without stating any GROUND
Of the motion where no ground existed ex-
cent that it was secondary evidence, was
properly denied. I'LL,
Held. a certain ruling was error with
out nreiudice because the answer to the
question objected to, was not OF an op1ec-
tionable character. Ito. III,
G The admissions of party against ms
.;ntarest are competent evidence against MN
even though his interest is contingent OF
uncertain os.,. - o,1ov q
ritnass TO be impeached as to an lmmaterlal
matter. ,5o,,oo e +a1,an
On ono ground, an assignment OF error on a
9ifferent ground held, not we'll taken.
and TO- Other unimportant rulings as
nosed of. Order affirmed. -Canty, Y. ).