Cases Decided in the Supreme Court of Appeals of Virginia Volume 48 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1852 edition. Excerpt: ...and anticipations of the parties, does not impair the right of the plaintiffs to recover: And the subsequent failure of the mine can be relied on by the defendants, only as evidence to affect, so far as it may, the question whether the representations were true at the time they were made. To the refusal of the Court to give the instruction asked for by them the plaintiffs excepted. There was a verdict for the plaintiffs for 600 dollars, with interest, whereupon the defendants asked the Court for a new trial, on the ground that the verdict was contrary to evidence; but the Court overruled the motion, and gave a judgment for the plaintiffs according to the verdict; and the defendants excepted. Upon the application of the defendants this Court awarded a supersedeas to the judgment. Robinson and Lyons, for the appellants, insisted: 1st. That the proof offered to shew the organization Of the company should have been rejected. That this charter was a private act, and the organization of the company must therefore be, proved. United States Bank v. Stearns, 15 Wend. R. 314; Rees v. Conococheague Bank, 5. Rand. 3'26; Lz thgow s Case, 2 Va. Gas. 297; Baeon s Abr. title Corporations, p. 12. And although the books of a corporation are competent evidence of their corporate acts, it must first be proved that a corporation exists. Philips Evi. 1156 in notes; Ang-&. Ames on Corpo. 533. 2d. Upon the question whether the company might not cease to exist in some of the modes mentioned in the instructions, without a proceeding against it at the suit of the Commonwealth to enforce the forfeiture of its charter, they referred to 4 Corny. Dig. title Franchise, 375; Greeley v. Smillr, 3 Story s C. C. R. 657. 3d. That the...