Baltimore & Potomac R. Co. v. Fifth Baptist Church,
137 U.S. 568 (1891)

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U.S. Supreme Court

Baltimore & Potomac R. Co. v. Fifth Baptist Church, 137 U.S. 568 (1890)

Baltimore and Potomac Railroad Company v. Fifth Baptist Church

Nos. 121, 122

Argued December 18-19, 1890

Decided January 5, 1891

137 U.S. 568




At the trial of an action of tort upon a plea of nul tiel corporation, evidence that the plaintiff, after filing a defective certificate of incorporation under a general corporation law, acted for years as a corporation, and recovered a judgment as such in a similar action against the defendant without any objection made to its capacity to sue is competent and sufficient to prove it a corporation de facto, and therefore entitled to maintain this action.

Misnomer of a corporation plaintiff is pleadable in abatement only, and is waived by pleading to the merits.

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