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§ 6. Definition of corporations; suits. The term corporations, as used in this article, shall include all associations and joint stock companies having powers and privileges not possessed by individuals or partnerships; and all corporations may sue and be sued in their corporate name.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 64; January 29, 1861.

Law Review and Bar Journal References:

Mentioned in comment on farm business units in Kansas, 7 K.L.R. 348 (1959).

CASE ANNOTATIONS

1. Only corporations proper covered by article; school district quasi corporation. Beach v. Leahy, Treasurer, 11 Kan. 23.

2. Unincorporated company, when deemed corporation. Lumber Co. v. State Charter Board, 107 Kan. 153, 160, 190 P. 601. Modified: Lumber Co. v. State Charter Board, 107 Kan. 161, 190 P. 601.

3. A Massachusetts trust is a corporation. Harris v. Oil Co., 110 Kan. 532, 534, 204 P. 754.

4. Section considered in determining status of association in form a Massachusetts trust. Hamilton v. Young, 116 Kan. 128, 225 P. 1045; Weber Engine Co. v. Alter, 120 Kan. 557, 245 P. 143.

5. Common-law trust, when deemed corporation. Fitch v. United Royalty Co., 143 Kan. 486, 490, 55 P.2d 409.

6. Company organized as express trust under Oklahoma law held foreign corporation in Kansas; requirements imposed. State, ex rel., v. United Royalty Co., 188 Kan. 443, 458, 460, 363 P.2d 397.

7. Business trust meets definition of a corporation. Gilmer v. Kansas City West Land Co., 1 Kan. App. 2d 509, 512, 571 P.2d 36.

8. Argument that bank improperly set off a corporate obligation against a personal account held inapplicable to suit by corporation for setoff of its indebtedness. Plummer Development, Inc. v. Prairie State Bank, 248 Kan. 664, 670, 809 P.2d 1216 (1991).