Summary
noting that an action by a corporation pending at the time of its dissolution abates at dissolution unless its survival is provided for by statute
Summary of this case from Merchants Environ. Ind. v. Montgomery WardOpinion
Gen. No. 42,136. (Abstract of Decision.)
Opinion filed May 14, 1942
CORPORATIONS, § 495 — dissolution, effect on capacity to sue. Where a corporation was dissolved in 1934 for failure to file its annual report and pay its franchise tax and in 1935 it obtained judgment by confession and brought garnishment proceedings, the 1933 act conferred no authority on a dissolved corporation to sue and the act prohibited plaintiff from suing so long as it was delinquent in the payment of its franchise tax, and the judgment by confession was vacated (Ill. Rev. Stat. 1937, ch. 32, pars. 157.94, 157.142; Jones Ill. Stats. Ann. 32.096, 32.146).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. FRANK M. PADDEN, presiding.
Reversed and remanded with directions. Heard in second division, first district, this court at February term, 1942.
David I. Swanson and John E. Erickson, for appellants;
George L. Pilkington, of counsel;
Walter Hamilton, for appellee.
"Not to be published in full." Opinion filed May 14, 1942.