E.G. Tillotson Co. v. Ward

Full title: E.G. TILLOTSON CO., INC., APPELLEE v. WARD, APPELLANT

Court: Court of Appeals of Ohio

Date published: Mar 28, 1938

16 N.E.2d 1014 (Ohio Ct. App. 1938)

16 N.E.2d 1014

Opinion

Decided March 28, 1938.

Corporations — Right to sue after corporate charter cancelled.

A corporation may maintain an action to collect a note due it, notwithstanding the cancellation of its corporate charter by the Secretary of State less than two years prior to the commencement of the action.

APPEAL: Court of Appeals for Hamilton county.

Messrs. Ratterman, Cowell Fletcher, for appellee.

Mr. Charles K. Yontz, for appellant.

BY THE COURT.

The lower court held the plaintiff corporation could maintain this action to collect a note due the company, notwithstanding its corporate charter had been cancelled by the Secretary of State less than two years prior to the commencement of the action.

The judgment is affirmed on authority of Eversman v. Ray Shipman Co., 115 Ohio St. 269, 152 N.E. 643, and Sweeny, Recr., v. Keystone Driller Co., 122 Ohio St. 16, 170 N.E. 436, and Section 8623-80, General Code, and related sections.

Judgment affirmed.

ROSS, P.J., HAMILTON and MATTHEWS, JJ., concur.