Nebraska Reports Volume 105

Nebraska Reports Volume 105

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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. 1922 edition. Excerpt: ... 1nembers. It is argued that such organizations can hardly be classed as corporations or copartnerships. We are not willing to assent to this proposition. Notwithstanding the fact that it is organized under special provisions of the statute, without capital stock, it is none the less a corporation, having a distinct entity, apart from its members. It is an artificial person created by statute, in which capacity it may sue and be sued. The mere fact that it does not make dividends for its members, or that there may not be funds out of which a judgment could be paid, does not, in our judgment, exempt it from I being sued. A libel is a wrongful act, a tort, and there seems to be no good reason why a corporation of this character should not respond in an action for libel brought by one of its members, the same as in any other tort. The cases cited by counsel for either side are hardly to the point now being considered. Neither has our considerable research been rewarded in finding one. In Gilbert v. Crystal Fountain Lodge, S0 Ga. 284, it was held that a member of a mutual aid association cannot maintain an action against the association, sued as a partnership', for slanderous words spoken of and concerning him by the association while a member of it. In discussing the question the court said: "After diligent search, we have been unable to discover any authority supporting the theory that a man can slander himself, either when he speaks directly as an individual, or when he speaks indirectly through a partnership of which he is a member. Upon principle, we do not see how he could charge the partnership assets with.the damages that might be recovered, he having an interest in the assets as a part owner of the same." more

Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236976312
  • 9781236976314