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& T. Turnp. Road Co. v. Sanford, 17 Sup. Ct. , foreign corporations within the limits of its 198, 164 U. S. 578, 41 L. Ed. 560; Pembina jurisdiction as its lawmaking body may conConsol. Silver Min. & Mill. Co. v. Pennsyl- sider to be requisite for protection of its invania, 8 Sup. Ct. 737, 125 U. S. 181, 189, 31 | terest and policies. In re Speed's Estate, 74 L. Ed. 650; Santa Clara County v. Southern N. E. 809, 811, 216 Ill. 23, 108 Am. St. Rep. P. R. Co., 6 Sup. Ct. 1132, 118 U. S. 394, 30 189. L. Ed. 118); Willis v. McKinnon, 70 N. E.
While a corporation is not a "citizen" 957, 962, 178 N. Y. 451 (citing Pembina Con- within the meaning of the federal Constitusol. Silver Min. & Mill. Co. v. Pennsylvania, tion, yet it is a "person" within its terms. 8 Sup. Ct. 737, 125 U. S. 181, 31 L. Ed. 650). Southern R. Co. v. Greene, 49 South. 404, 409,
While corporations are entitled to the 160 Ala. 396. aqual protection of the law with individuals, the inherent rights of a corporation are en under Statutory Construction Law, § 5, is
A foreign corporation, though a person, tirely separate and distinct from those of a
not a citizen, within the provision of the natural person; they being created by the United States Constitution that citizens of statute, with no powers except those con each state shall be entitled to the privileges ferred thereby. State v. Central Lumber Co., and immunities of citizens of the several 123 N. W. 504, 513, 24 S. D. 136, 42 L. R. states. In re Avery's Estate, 92 N. Y. Supp. A. (N. S.) 804.
974, 979, 45 Misc. Rep. 529. A corporation doing business within a
A will established a trust, and gave a state other than that of its creation, having an office and agents therein, and subject to power of appointment to A., the beneficiary
of the trust. A. died, leaving a last will the process of its courts, is a "person," within the meaning of the equality clause of the under which the trustee of the first will fourteenth amendment of the federal Con- was appointed executor and by which A. exstitution. Adams v. Standard Oil Co. of Ken- ercised in full the power of appointment.
Held, that the power of appointment to such tucky, 53 South. 692, 694, 97 Miss. 879.
“persons" and in such manner as she shall Since a corporation is a person within have directed was not limited to natural perthe federal Constitution guaranteeing to all sons, but included a foreign charitable corpersons equal protection of the laws, corporation. Farmers' Loan & Trust Co. v. porations are also within the protection of Shaw, 107 N. Y. Supp. 337, 339, 56 Misc. Rep. the fourth, and fifth, amendments of such 201 (citing In re Fox, 52 N. Y. 530, 11 Am. Constitution. United States v. McHie, 194 Rep. 751; Pembina Con. Silver Mining & Fed. 894, 898.
Milling Co. v. Pennsylvania, 8 Sup. Ct. 741, A corporation is not a "person” within 125 U. S. 189, 31 L. Ed. 650). the fifth amendment of the federal Constitu
A statute of a general nature concerning tion, providing that no person shall be com- parties to an action includes corporations, pelled in any criminal case to be a witness though the words “person" and "he" and simiagainst himself. In re Bornn Hat Co., 184 lar designations pointing to natural persons Fed. 506, 508.
only in their literal sense are used. Norwich A foreign corporation applying for ad- Pharmacal Co. V. Abaly, 113 N. W. 963, 964, mission to do business in a state, although 133 Wis. 530. a "person,” is not within the jurisdiction of
The word “person," as used in the statsuch state within Const. U. S. Amend. 14, for- utes relating to railroad commissioners inbidding a state to deny to any “person with cludes corporations. Kansas City, Outer Belt in its jurisdiction” the equal protection of its & Electric R. Co. v. Board of Railroad Com’rs, laws. State ex rel. Atlantic Horse Ins. Co. 84 Pac. 755, 756, 73 Kan. 168 (citing Gen. v. Blake, 144 S. W. 1094, 1096, 241 Mo. 100, St. 1901, 8 5997). Ann. Cas. 1913C, 1283.
A corporation has been held to be a A corporation is not a "person” within the meaning of the concluding clause of the person” within the meaning of the statute first section of the fourteenth amendment of of limitations, providing that when a “perche Constitution, which declares that no state son” is out of the state limitations shall not shall deprive any person of personal property Colonial & U. S. Mortg. Co. v. Northwest
run against a cause of action against hiin. without due process of law or deny to any Thresher Co., 103 N. W. 915, 917, 14 N. D. person within its jurisdiction the equal protection of its laws. A corporation is a mere 147, 70 L. R. A. 814, 116 Am. St. Rep. 642, creature of the local law whereby it has its 8 Ann. Cas. 1160 (citing Olcott v. Tioga existence, and has no right, because of its R. Co., 20 N. Y. 210, 75 Am. Dec. 39:3). chartered powers, to exercise corporate power In the absence of special disability, any beyond the territorial limits of the state person may be a beneficiary under a will; which created it. Any state may absolutely and a statute of wills, designating any perand entirely exclude corporations organized sons as capable of taking, includes corporaunder the laws of another state or may im- tions. In re Beck's Estate, 121 Pac. 784, 786, pose such conditions for the admission of | 44 Mont. 561.
Under St. 1903, § 457, providing that, An indictment, which alleged that the the word “person” may extend and be ap- false pretense was made to a certain corpoplied to corporations, the court under a stat ration, sufficiently alleged the "person" to utory authority to appoint some discreet, fit whom the false pretense was made; Code "person” to act as public administrator, 1907, § 1, providing that the word “person" was authorized to appoint a corporation for includes a corporation. Bailey v. State, 48 that office, the corporation being organized South. 791, 792, 159 Ala. 4, 17 Ann. Cas. 623. under an act giving it authority to act as
Where a city ordinance provided that guardian, executor, or administrator. Louisville & N. R. Co. v. Herndon's Adm'r, 104 s. any person who should obstruct any street,
etc., should be liable, etc., the word “person" W. 732, 735, 126 Ky, 589.
included corporations. McKee v. Peters, 126 A corporation is not a person within S. W. 255, 256, 142 Mo. App. 286. Laws 1876, c. 296, by which certain sections of Laws 1875, c. 299, which originally re- be unlawful for any engineer, conductor, or
A city ordinance providing that it shall quired all “persons" to comply with certain other "person" to run or permit to be run restrictions, was amended by extending the provisions of the act to "corporations" and on any railroad track within the limits of the in another section to the officers or agents of city any locomotive engine, car, or train at
a greater speed than eight miles per hour apcorporations, thus making the amended sections read “persons or corporations” and roads within the city. Southern R. Co. v.
plies to railroad corporations operating rail. “person or officer or agent of any corpora. Jones, 71 N. E. 275, 276, 33 Ind. App. 333. tion" as it was evident intention of the Legislature not to confound the two terms.
The statute providing that, after the Tewksbury v. Schulenberg, 41 Wis. 584, 596. adoption of the stock law in any county, "no
person within the county" shall be required Chancery Act April 3, 1902 (P. L. p. 511, to fence against stock not permitted to run art. 2, § 5), providing for the method of serv- at large, exempts a railway company from ice of process for appearance on defendant, the obligation to fence its tracks in a county does not mention corporations by name, but in which the stock law has been adopted; as the name "person" includes corporations the word “person” in the statute including if they fall within the general design of the corporations. Missouri, K. & T. Ry. Co. of act, this section warrants such service of Texas v. Tolbert (Tex.) 90 S. W. 508, 509. process on a corporation defendant as is
A charter fee would not accrue to the equivalent to personal service on an individual. Martin v. Atlas Estate Co., 65 Atl. 881, state upon the consolidation of several exist882, 72 N. J. Eq. 416.
ing corporations, so as to form a new cor
poration by virtue of P. S. 4287, as amended The word “person,” as used in the me- by Acts 1908, No. 103, providing that "three chanic's lien acts of West Virginia, includes or more persons of age” may form a corpoa corporation, the state Constitution declar- ration; the word “persons" not including coring that the word “person” includes corpora- porations. State v. Rutland Ry., Light & tions, if not restricted by the context. A cor- Power Co., 81 Atl. 252, 253, 85 Vt. 91. poration employed to supervise the construction of an electric railway by means of the
The word "person" in federal legislation personal services of its officers and servants includes corporations. United States v. First is entitled to a lien therefor. Wetzel & T. Nat. Bank of Anamoose, 190 Fed. 336, 346. R. Co. v. Tennis Bros. Co., 145 Fed. 458, 462, A corporation is a "person” within the 75 C. C. A. 266, 7 Ann. Cas. 426.
Sherman Anti-Trust Act. Union Pac. Coal Code W. Va. 1899, c. 75, $ 7,
Co. v. United States, 173 Fed. 737, 739, 97 C.
C. A. 578. vides that "every workman, laborer, or other ‘person' who shall do or perform any work
A “corporation” is a "person" within the or labor by virtue of any contract for any express provision of Bankr. Act, § 1, subd. 19. incorporated company" shall have a lien for Dressel v. North State Lumber Co., 107 Fed. the value of such work, gives a lien to a cor- 255, 256. poration which comes within its terms, under The expression “person engaged chiefly chapter 13, § 17, giving rules for the con- in farming or the tillage of the soil," in struction of the statutes, and providing that Bankr. Act July 1, 1898, c. 541, § 4b, 30 Stat. “the word 'person' includes corporations if 547, providing that any natural person, exnot restricted by the context.” Tennis Bros. cept a wage-earner, or a person engaged chiefCo. v. Wetzel & T. R. Co., 140 Fed. 193, 199. ly in farming or the tillage of the soil, and
The word “person" within a provision in any corporation principally engaged in manua water power company's charter that it facturing, may be adjudged an involuntary should not prevent any “person” owning bankrupt, applies only to natural persons, land on the river from operating mills, etc., and not to corporations. In re Lake Jackincludes a corporation. Roanoke Rapids son Sugar Co., 129 Fed. 610, 643. Power Co. v. Roanoke Navigation & Water A corporation is a "person," within the Power Co., 75 S. E. 29, 33, 159 N. C. 393. meaning of Civ. Code 1910, $ 4413, relating to the liability of the master for the torts | Messer Co. v. Rothstein, 113 N. Y. Supp. 772, of the servant. Louisville & N. R. Co. v. 777, 778, 129 App. Div. 215. Hudson, 73 S. E. 30, 31, 10 Ga. App. 169.
In the absence of statutory enactment A private corporation is a “person,” with to the contrary, the name "person" in a in Rev. St. 1895, art. 3017, authorizing a re- statute includes a corporation if it falls withcovery for death caused by the wrongful act in the general reason and design of the act, or negligence of another person. Hugo
both as to the benefits and restrictions of the Schmeltzer & Co. v. Paiz, 141 S. W. 518, 520, act. A statute that authorizes the doing of 104 Tex. 563.
a certain act by a corporation or by its agent
should be given effect by permitting the corA private corporation is included in Rev. poration to act either per se through its ofSt. 1895, art. 3017, which gives a right of ficer or per alium through its agent. Ameraction for death caused by the wrongful act ican Soda Fountain Co. v. Stolzenbach, 68 of another “person.” Williams v. Coca-Cola | Atl. 1078, 1083, 75 N. J. Law, 721, 16 L. R. A. Co. (Tex.) 150 S. W. 759, 761.
(N. S.) 703, 127 Am. St. Rep. 822. Code 1896, § 27, provides that personal
Under the express provisions of the Code, representatives may recover for decedent's the word "person ” in the act of December death, caused by the wrongful act, omission, 15, 1871, providing that money or property or negligence of any person or persons, or stolen from the state or the Western Atlantic corporation. Section 1 provides that the Railroad Company, or fraudulently obtained use of the word “person,” used in the Code, from the same, may be recovered from the “includes a corporation as well as natural person perpetrating the fraud or conversion, persons.” Held, that the personal representa- the word “person" includes a corporation. tive of a person injured by a city sewer ditch Scofiel, etc., Co. v. State, 54 Ga. 635, 638. had a cause of action against the city. City A corporation is in law a "person" or of Anniston v. Ivey, 44 South. 48, 49, 151 entirety entirely distinct from its stockholdAla. 392.
ers and officers, and it may have interests dis
tinct from theirs, and their interests may be The word “person” in Gen. St. 1909, 8 adverse to its interests, and knowledge on 9752, providing that a person who, by himself the part of the president of the corporation or his servant, etc., or as the servant or of a fraud committed by an entryman in proagent of another, uses a false weight, or ex- curing and commuting a homestead entry is poses for sale less than the quantity which imputed to the corporation so as to deprive it he represents, shall be guilty of a misdel of the position of a bona fide purchaser unmeanor, etc., includes a corporation as well der a conveyance from the president who as a natural person. State v. Belle Springs. had taken a deed from the patentee; the Creamery Co., 111 Pac. 474, 477, 83 Kan. 389. president being one of the incorporators and
The word “persons," in Mills' Ann. St. together with the secretary owning a large § 413, providing that any person who shall majority of the stock, being intrusted with employ a child under 14 years of age in a the management and control of the corporate mill shall be guilty of a misdemeanor, ap business, and his interest and that of the plies to corporations as well as to natural corporation being identical. J. J. McCaskill persons. Overland Cotton Mill Co. v. People, Co. v. United States. 30 Sup. Ct. 386, 391, 75 Pac. 924, 925, 32 Colo. 263, 105 Am. St? 216 U. S. 504, 54 L. Ed. 590. Rep. 74.
"In the statutes authorizing issuance of
garnishment on the application of any 'perA corporation is a “person” within Laws son,' the word 'person' has been held to in1896, p. 1052, c. 803, requiring registration of clude all individuals, nonresidents as well employing plumbers in the city of New York, as residents, corporations, and sovereignties." and, as registration involves the holding of a Disconto Gesellschaft v. Umbreit, 106 N. W. certificate of competency which cannot be 821, 828, 127 Wis. 651, 15 L. R. A. (N. S.) given to a corporation, plumbing work by a 1045, 115 Am. St. Rep. 1063 (dissenting opincorporation is unlawful, and the price thereof ion by Cassoday, C. J.). cannot be recovered. Milton Schnaier & Co. v. Grigsby, 117 N. Y. Supp. 455, 457, 132 App. son,” was not embraced within the meaning
A corporation, though an artificial “perDiv. 854; Id., 113 N. Y. Supp. 548, 61 Misc. of the word “person” as used in the first Rep. 325.
statute relating to foreign attachment proThe statutory construction law provides viding that a writ of foreign attachment may that the term “person" includes a corpora- issue against any person not an inhabitant tion and joint-stock association. As used in of the state when certain requirements were Laws 1900, p. 699, c. 327, § 45, providing met. Fowler v. Dickson (Del.) 74 Atl. 601, that a person engaged in the business of em- 603, 1 Boyce, 113 (citing Vogle v. New Granaploying or master plumber shall submit to an da Canal & Steam Nav. Co. of New York examination before the examining board of (Del.] 1 Houst. 294). plumbers as to his experience, etc., the word Under Code, $ 48, par. 13, providing that “person” applies to a corporation. William the word “person" may be extended to bodies
corporate, corporations are included in the Kings River Canal & Irrigation Co. v. Sterinword “persons” as used in section 3465, pro- son, 128 Pac. 924, 928, 164 Cal. 221. viding that where two or more persons are
A corporation is included in the word bound by contract, judgment, or statute, “person" as used in the criminal statutes. jointly, jointly and severally, or severally A corporation can be guilty of the offense of only, including the parties to negotiable pa- furnishing liquor to a minor. Southern Exper, the action thereon may at plaintiff's press Co. v. State, 58 S. E. 67, 69, 1 Ga. App. option be brought against any or all of them.
700. Swartley v. Oak Leaf Creamery Co., 113 N. W. 496, 498, 135 Iowa, 573.
An incorporated club is not a "person"
within the meaning of the Dramshop Act. Under Code, $ 48, par. 13, providing that State ex inf. Hadley v. Rose Hill Pastime the word "person” may be extended to bodies Athletic Club, 97 S. W. 978, 980, 121 Mo. corporate, corporations are included in the App. 81 (citing State ex rel. Bell v. St. Louis word "persons," as used in section 3465, pro- Club, 28 S. W. 604, 125 Mo. 308, 26 L. R. A. viding that where two or more persons are 573). bound by contract, judgment, or statute, jointly, jointly and severally, or severally the state is a person, within Rev. Laws 1905,
✓ A club incorporated under the laws of only, including the parties to negotiable pa $ 1519, providing that any person selling per, the action thereon may at plaintiff's liquors without a license in certain quantioption be brought against any or all of them. ties, to be drunk on the premises, is guilty of Swartley v. Oak Leaf Creamery Co., 113 N.
a misdemeanor, etc. State ex rel. Young v. W. 496, 498, 135 Iowa, 573.
Minnesota Club, 119 N. W. 494, 496, 106 Minn. A corporation is a “person” within Code, 515, 20 L. R. A. (N. S.) 1101. tit. 21, c. 9, providing for a civil action in the
Rev. Pen. Code, $ 822, provides that the name of the state against any person unlaw-word “person” includes corporations. Rev. fully holding or exercising any public office civ. Code, $ 1299, provides that sale is a or franchise within the state. State v. Des contract by which, for a pecuniary consideraMoines City Ry. Co., 109 N. W. 867, 871, 135 tion called a “price,” one transfers to another Iowa, 694.
an interest in property, so the exchange of Under St. 1898, $ 3466, authorizing quo liquors by an incorporated commercial club warranto against any “person" usurping any to its members for checks sold to them riofranchise, etc., quo warranto is appropriate lated Rev. Pol. Code, 88 2834, 2835, 2838, 2852, to oust a corporation from exercising a fran- making the sale of liquor in quantities less chise attempted to be conferred on it by an than five gallons by any person whether as invalid municipal ordinance; a corporation owner, clerk, agent, servant, or employé, a being a “person.” State v. Milwaukee Inde misdemeanor. State v. Mudie, 115 N. W. 107, pendent Telephone Co., 114 N. W. 108, 111, 110, 22 S. D. 41. 133 Wis. 588.
Laws 1901, p. 19, c. 3, making it unlawful An action by the Attorney General on be- to permit minors in saloons, etc., provides half of the people for the forfeiture of fran-(section 7) that the word "person" as used in chises of a corporation may be brought un- the act shall be deemed to mean firm or corder Code Civ. Proc. $ 1918, authorizing the poration, as well as natural person, and the Attorney General to maintain an action on person managing the business of such firm his own information against a “person” unor corporation shall be liable to the penalties lawfully exercising a franchise; the word prescribed by this act. Territory v. Church, "person” in the section when considered in 91 Pac. 720, 721, 14 N. M. 226. the light of the history of the legislation in- Under Hurd's Rev. St. 1905, c. 131, $ 1, cluding corporations. People v. Bleecker St. providing that the word “person" or "per& F. F. R. Co., 125 N. Y. Supp. 1045, 1051, sons,” as well as all words referring to or 140 App. Div. 611.
importing persons, may extend and be apUnder Civ. Code, $ 1001, authorizing any
plied to bodies politic and corporate as well person to acquire private property for any issued to a corporation as well as an individ
as individuals, a dramshop license may be use specified in Code Civ. Proc. $ 1238, a foreign corporation falls within the term ual. Heidelberg Garden Co. v. People, 124 “any person” and may condemn land for any
Ill. App. 331; People v. Heidelberg Garden of the purposes authorized, the right of for. Co., 84 N. E. 230, 333, 233 Ill. 290. eign corporations to do business within the The expression "fit persons,” in P. L. state having been recognized since 1870, and 1891, p. 257, relative to licensing of whole this right is not reduced by act of 1880 (St. sale dealers, brewers, distillers, rectifiers, 1880, p. 21), Civ. Code, $ 407, expressly au- compounders, bottlers, storekeepers, and thorizing foreign corporations doing business agents, is intended to apply primarily to inas common carriers to exercise the right of dividuals, but includes a corporation created eminent domain, the act merely increasing for the purpose of engaging in the liquor the powers of foreign corporations, and not business, and such corporation is a fit cor. purporting to reduce them. San Joaquin & Iporation to be licensed unless it has become unfit by Illegal corporate acts. In re Indian | includes the word "corporation.” Hence it Brewing Co.'s License, 75 Atl. 29, 30, 226 Pa. was not error to instruct that if an internal 56.
revenue license had been issued to a certain Under Rev. Codes, & 16, providing that club, authorizing the sale of intoxicating the word “person” includes a corporation as liquor, such license was prima facie evidence well as a natural person, section 1506, pro- that the. club was engaged in selling, exviding that it shall be unlawful for any per changing, or giving away intoxicating liqson to sell spirituous liquors to be drunk in uors, but that such finding alone would not or about the premises where sold without be applicable to the defendants or either of having first procured a license and given a
them. State v. Kline, 93 Pac. 237, 242, 50
Or. 426. bond, applies to corporations of all kinds, whether organized for profit or social advan- Local option law (Rev. St. 1909, § 7243) tages without profit. Ada County v. Boise provides that if the majority of the votes at Commercial Club, 118 Pac. 1086, 1088, 20 a local option election are against the sale Idaho, 421, 38 L. R. A. (N. S.) 101.
of intoxicants it shall not be lawful for "any Laws 1908, c. 380, making it unlawful person within the limits of such county for any “person or persons" to sell liquor
to directly or indirectly sell, give without a license, and providing that the ap- away or barter in any manner whatever" plicant for a license must declare that he is any intoxicating liquors; and section 7246 a citizen of the United States, and the ap- makes “any person” violating the act guilty plication must contain a statement of the of a misdemeanor. Held that, while a corextent of his residence in the county, is not poration could sell intoxicants in violation limited to natural persons, but includes a of the act, though it could not be punished corporation, and an incorporated social club thereunder, its agents and servants may be maintaining a clubhouse and selling liquor convicted and punished for selling for the to its members is within the act. Conoco- corporation in violation of the act. State cheague Club of Washington County v. State, W. Robinson, 146 S. W. 456, 457, 163 Mo. App.
221. 81 Atl. 602, 606, 116 Md. 317. A liquor merchant's license, which 25
A corporation is a "person" within the Del. Laws, c. 125, $ 8, provides may be given meaning of Act May 9, 1902, c. 784, § 1, 32 a “person,” will not be refused to a corpora oleomargarine to keep certain books and
Stat. 193, requiring wholesale dealers in tion; Rev. Code 1852, amended to 1893, p. 43, c. 5, § 1, par. 10, providing the word make certain returns, and providing for “person" may include a corporation, and the punishing by fine and imprisonment "any court having for years approved applications person who willfully violates any of the proof corporations for such licenses, and it be- visions of this section," although section 5 ing presumed it has passed on the question of the same act applies in express terms of their being entitled thereto under the stat- to corporations, and gives the court discreute.
In re D. W. Lynch Co. (Del.) 75 Ati. tionary power to punish either by fine or 41, 1 Boyce, 104.
imprisonment or both. United States v.
Union Supply Co., 30 Sup. Ct. 15, 215 U. S. Under Gen. St. 1902, tit. 1, § 2712, pro- 50, 54 L. Ed. 87. viding that the word "person" may include a corporation, and title 16, sections 2669, dividual, is included in the word “person,"
A private corporation, as well as an in2672, and 2675, entitled "intoxicating liquors,” providing for the issuance of liquor as used in section 2271, Gen. St. 1901, definlicenses to suitable persons, etc., a corpora- 85 Pac. 938, 940, 74 Kan. 180.
ing the crime of libel. State V. Williams, tion organized to make and sell malt liquor may be licensed to sell liquors, though sec- The word “person," in the statute puntion 2712 of the title provides that every ishing one who by false pretenses obtains person convicted of a first violation of the from “any other person" any money, etc., àct shall be punished by a fine, and that with intent to defraud, includes a domestic such person, on every subsequent conviction, corporation. State v. Briscoe (Del.) 67 Atl. may be punished by imprisonment, in addi- 154, 156, 6 Pennewill, 401. tion to the fine; the word “person” in the Under Hurd's Rev. St. 1909, c. 131, § 1, title including corporations. Connecticut
subd. 5, providing that the word "person" Breweries Co. v. Murphy, 70 Atl. 450, 452, extends to corporations, and Cr. Code, $$ 98, 81 Conn. 145.
99 (Hurd's Rev. St. 1909, c. 38), punishing Local Option Law, § 18 (Laws 1905, p. the obtaining or attempting to obtain money 50), provides that the issuing of a license or by confidence game, and declaring that an internal revenue special tax stamp by the indictment which charges that accused fefederal government to any person for the loniously obtained, or attempted to obtain, sale of intoxicating liquors shall be prima from a person named his money by means facie evidence that such person is selling, of a confidence game, is sufficient, an indictexchanging, or giving away intoxicating lig- ment charging accused with attempting to bors. Held, that the term “person,” as used, obtain money from a corporation by means