Mattfeld v. Nester, 32 N.W.2d 291 (1948)

Citation: Mattfeld v. Nester, 32 N.W.2d 291 (1948)
Parent Document: Mattfeld v. Nester, 32 N.W.2d 291 (1948)
Jurisdiction: Minnesota (state)
Effective Date: 1948-04-16
Original Source: https://www.courtlistener.com/opinion/3533510/mattfeld-v-nester/ ↗

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In the Bank of Charleston case, plaintiff having failed to prove its incorporation, a fact put in issue by defendant the same as William’s appointment as special administrator of Lillian’s estate was put in issue here, defendant there moved for a nonsuit and, after verdict for plaintiff, for a new trial upon the ground that plaintiff’s capacity to sue was not shown because of its failure to prove that it was a corporation. On the hearing of the motion for a new trial, plaintiff was permitted to read in evidence, an exemplified copy of plaintiff’s incorporation under an act of South Carolina. In holding that under the circumstances proof of plaintiff’s incorporation was a mere formal matter and that such proof could be received after verdict, the court said (2 Sandf. [N.Y.] 719):

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