Marshall v. MacOn County Savings Bank

Mekeumon, C. J.: The statute (Acts 1887, ch. 412) authorizes the incorporation of “Savings Banks in the manner already provided for the formation of other corporations,” etc. The general statute (The Code, §§ 677, 682) prescribes how corporations, with certain specified exceptions, may be formed, and it is, among other things, expressly provided that copies of the letters of incorporation, “certified by the Clerk of the Superior Court of the county where the same are recorded, shall, in all cases, be admissible in evidence, and the letters aforesaid shall, in all judicial proceedings, be deemed prima facie evidence of the complete organization and incorporation of the company purporting thereby to have been established.” The statute thus makes the letters prima *642 facie evidence of the incorporation of the company and its organization; and also a certified copy of the letters as recorded likewise evidence in all cases. Iron Co. v. Abernathy, 94 N. C., 545. The Court therefore properly received in evidence the certified copy of the letters of incorporation, and instructed the jury that the same was prima facie evidence of the incorporation and organization of the defendant. There was evidence that warranted the instructions given the jury and the defendant could not complain of them. The defend¿nt ordered the goods and they were prepared as directed, and thus, in'their nature, were useful only for its purposes. It could not, after they were so prepared, without any lawful excuse, be allowed to refuse to receive them. And no such excuse was shown. The evidence went to prove that the.defendant ordered the goods; that they were manufactured as directed; that they could be useful only to the defendant. There was no evidence of fraud, so far as appears, as suggested by the instructions asked for by the defendant. Judgment affirmed.