Legal Opinion

Charles A. Stickney Co. v. Lynch

Wisconsin Supreme Court

Decided May 23, 1916PublishedCited by 7 opinions

Appeal from a judgment of the circuit court for St; Croix county: G-eoRge Thompson, Circuit Judge. Action on a $318 promissory note, made by defendants June 24, 1913, payable to plaintiff on or before one year. The complaint was in the usual form. Defendants answered that plaintiff was a Minnesota corporation; that it had never qualified to do business in this state; and that the note related to property within such state and affects plaintiff’s personal liability.

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Appeal from a judgment of the circuit court for St; Croix county: G-eoRge Thompson, Circuit Judge. Action on a $318 promissory note, made by defendants June 24, 1913, payable to plaintiff on or before one year. The complaint was in the usual form. Defendants answered that plaintiff was a Minnesota corporation; that it had never qualified to do business in this state; and that the note related to property within such state and affects plaintiff’s personal liability. Defendants further answered, counterclaiming that plaintiff made a contract with defendants as part of which the note and another…

1Opinion of the Court

.MARSHALL, J.

It is contended that tbe contract and notes given pursuant thereto are void under sec. 1YY0&, Stats., because plaintiff is a foreign corporation and was not licensed to do business in this state. That is plainly ruled to tbe contrary by tbe numerous decisions to tbe effect that such section does not appertain to matters of interstate commerce. U. S. Gypsum Co. v. Gleason, 135 Wis. 539, 116 N. W. 238; Ady v. Barnett, 142 Wis. 18, 124 N. W. 1061; F. A. Patrick & Co. v. Deschamp, 145 Wis. 224, 129 N. W. 1096; Solder v. Aultman, Miller & Co. 169 U. S. 81, 18 Sup. Ct. 269. As there…

2Cases cited4 opinions

  1. United States Gypsum Co. v. GleasonWisconsin Supreme Court · 1908
  2. Holder v. AultmanSupreme Court of the United States · 1898
  3. F. A. Patrick & Co. v. DeschampWisconsin Supreme Court · 1911
  4. Ady v. BarnettWisconsin Supreme Court · 1910

3Cited by7 opinions

  1. Compañia General De Tabacos De Filipinas v. Collector of Internal RevenueSupreme Court of the United States · 1929
  2. Bulova Watch Co. v. AndersonWisconsin Supreme Court · 1955
  3. House of Stainless, Inc. v. Marshall & Ilsley BankWisconsin Supreme Court · 1977
  4. Standard Sewing Equipment Corp. v. Motor Specialty, Inc.Wisconsin Supreme Court · 1953
  5. Jerome P. Parker-Harris Co. v. Kissel Motor Car Co.Wisconsin Supreme Court · 1917

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