
    No. 624
    CUYAHOGA FINNISH SOCIALIST ASSO v. GOODMAN
    Ohio Appeals, 8th Dist., Cuyahoga County
    No. 5157.
    Decided June 9, 1924
    923. PLEADINGS — Failure to allege corporate capacity cannot be attacked by motion.
   FARR, J.

Epitomized Opinion

Published Only in Ohio Law Abstract

This was an action on a promissory note by the Cuyahoga Finnish Socialist Asso. to one Max Goodman. A motion was filed in the more definite and certain by setting forth the nature of the defense, whether it was a corporation, partnership or voluntary association, and by stating definitely in what capacity the defendant was sueing'. This motion was overruled and a default judgment rendered for the plaintiff. Error was prosecuted to the Court of Appeals. In sustaining the judgment of the lower court, the Court of Appeals held:

Attorneys — Paul Stowe, for Finnish Asso.; White, Cannon & Spieth and Chas. F. Ross, for Goodman; all of Cleveland.

1. In an action against a corporation, partnership or voluntary association, a motion to require the plaintiff to make his petition more definite and certain by setting forth what kind of a corporation it is should be overruledj as such an averment is wholly unnecessary, as this question should be raised by answer and as a matter of defense.  