Power v. Calvert Mortgage Co.
Mississippi Supreme Court
Appeal from the chancery court of Hinds county. HoN. O. B. Taylor, Chancellor. Suit by the Calvert Mortgage Company against Joseph W. Power secretary of state. From a judgment for plaintiff, defendant appeals. Appellee is a foreign corporation under the laws of Maryland, engaged in the business of lending money and securing same by mortgages within the state of Mississippi.
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Appeal from the chancery court of Hinds county. HoN. O. B. Taylor, Chancellor. Suit by the Calvert Mortgage Company against Joseph W. Power secretary of state. From a judgment for plaintiff, defendant appeals. Appellee is a foreign corporation under the laws of Maryland, engaged in the business of lending money and securing same by mortgages within the state of Mississippi. In coming into the state it complied with the provisions of section 935, Code of 1906. While it was lawfully doing business in Mississippi the legislature passed an act amending section 935 of the Code, the amendatory act…
1Opinion of the CourtSteveNs, J.
In our judgment, the legislature did not intend for the amendatory act of 1916 to apply to corporations which *321Pad already complied with the law, and were thereby lawfully doing business in onr state. The act does not by its express terms require a refiling of any charter and the words “now or hereafter doing business in this state” should be interpreted to embrace foreign corporations in fact doing business in this state without having filed their charters and paid the fees required by section 935 of the Code, and also those corporations which should thereafter apply for admission into our…
2Cited by17 opinions
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