United States Supreme Court Cases & Opinions

U.S. Supreme Court

Lessee of Frost v. Frostburg Coal Company, 65 U.S. 24 How. 278 278 (1860)

Lessee of Frost v. Frostburg Coal Company

65 U.S. (24 How.) 278

Syllabus

An act of the Legislature of Maryland examined whereby certain named persons, and such others as might be associated with them, were incorporated by the name of the Frostburg Coal Company.

The defendants in this suit were made a corporation by the charter, the persons named in it constituting the corporate body, clothed with the powers and privileges conferred upon it, and were capable of taking and holding real estate from the beginning.

Even if it were otherwise, and some irregularities occurred in the organization of the company, inasmuch as no act made a condition precedent to the existence of the corporation has been omitted or its nonperformance shown, a party dealing with the company is not permitted to set up the irregularity.

The courts are bound to regard it as a corporation so far as third persons are concerned, until it is dissolved by a judicial proceeding on behalf o£ the government that created it.

The facts of the case are stated in the opinion of the Court.