Larned v. Beal

Doe, C. J. It is not material in this case whether the corporation de facto was a corporation de jure or not. A want of *185 regularity in its organization would not affect the validity of its contract with the plaintiff, and would not give him, against its members, as unincorporated persons, an action on a contract which he made with them as a corporation. S. F. Bridge v. Fisk, 28 N. H. 171, 178; Ossipee Manf'g Co. v. Canney, 54 N. H. 295, 312, 313; Saunders v. Farmer, 62 N. H. 572; Jewell v. Gilbert, 64 N. H. 13, 18; Case v. Kelly, 133 U. S. 21, 28; Mor. Corp., ss. 744-755. Judgment for the defendants. Smith, J., did not sit: the others concurred.