Hogan v. Intertype Corp.
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Greenwood District; W. A. Falconer, Chancellor; 1. The notes and mortgage evidence a contract made in this State by a foreign corporation without complying with the laws of this State. 60 Ark. 122; 115 Id. 116; 124 Id. 539; 128 Id, 211; Acts 1907, 745. 2. It was error to render judgment without protecting appellant from suit in behalf of the Merganthaler Linotype Company. 65 Am.
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Appeal from Sebastian Chancery Court, Greenwood District; W. A. Falconer, Chancellor; 1. The notes and mortgage evidence a contract made in this State by a foreign corporation without complying with the laws of this State. 60 Ark. 122; 115 Id. 116; 124 Id. 539; 128 Id, 211; Acts 1907, 745. 2. It was error to render judgment without protecting appellant from suit in behalf of the Merganthaler Linotype Company. 65 Am. Rep. 186; 68 Mich. 303; 42 Miss. 795; 47 Ark. 351. 1. The sale was not within the statute and plaintiff as assignee had the right to sue. It is a clear case of interstate…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit in the chancery court of Sebastian County, Greenwood District, against appellant, to recover judgment and enforce a mortgage lien on a type setting machine for $1,810 and interest at the rate of 6 per cent, per annum from June 15,1914, evidenced by a number of notes.
The chief defense interposed by appellant was that the notes and mortgage sued upon evidenced a contract made in this State by a foreign corporation without complying with the necessary statutory requirements prerequisite to doing business in the State of Arkansas.
The facts, in substance, are as follows:…
2Cases cited9 opinions
- Browning v. City of WaycrossSupreme Court of the United States · 1914
- American Amusement Co v. East Lake Chutes Co.Supreme Court of Alabama · 1911
- Clark v. J. R. Watkins Medical Co.Supreme Court of Arkansas · 1914
- State ex rel. Hays v. RobertsonSupreme Court of Missouri · 1917
- General Railway Signal Co. v. CommonwealthSupreme Court of Virginia · 1916
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3Cited by25 opinions
- Leasing Associates, Inc. v. Slaughter & Son, Inc., and F. E. Slaughter, as GuarantorCourt of Appeals for the Eighth Circuit · 1971
- Lewis v. Club Realty Co.Massachusetts Supreme Judicial Court · 1928
- Pacific National Bank v. HernreichSupreme Court of Arkansas · 1966
- Roark v. American Distilling Co.Court of Appeals for the Eighth Circuit · 1938
- Goode v. Universal Plastics, Inc.Supreme Court of Arkansas · 1969
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