Consolidated Wagon & Machine Co. v. Kent
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District for Bear Lake County. Hon. Alfred Budge, Judge. Action on promissory note. Judgment for plaintiff. Defendant appealed.
Read the full summary
APPEAL from the District Court of the Fifth Judicial District for Bear Lake County. Hon. Alfred Budge, Judge. Action on promissory note. Judgment for plaintiff. Defendant appealed. “A foreign corporation failing to comply with the requirements of the constitution and statutes cannot maintain a suit or action in any of the courts of this state for breach or violation of any contract entered into during the time the corporation had failed and neglected to comply with the constitution and statute.” (Paul v. Virginia, 8 Wall. (U. S.) 181, 19 L. ed. 357; Katz v. Herrick, 12 Ida. 1, 86 Pae. 873.)…
1Opinion of the CourtAilshie, C. J.
— The defendant demurred to the complaint and his demurrer was overruled. He declined to answer; judgment was entered against him and he has prosecuted this appeal.
The plaintiff is a foreign corporation doing business in this state. With a view evidently to bringing itself within the purview of our statute, sec. 2792, Rev. Codes, the complaint contained the following allegation as to plaintiff’s compliance with the constitution and statute of this state:
“That at the time hereinafter mentioned plaintiff was and now is a corporation, duly organized and existing under the laws of the state of…
2Cases cited8 opinions
- Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
- Katz v. HerrickIdaho Supreme Court · 1906
- Stevens v. Home Savings & Loan Ass'nIdaho Supreme Court · 1898
- Valley Lumber & Manufacturing Co. v. NickersonIdaho Supreme Court · 1907
- Vermont Loan & Trust Co. v. HoffmanIdaho Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dickens-West Mining Co. v. Crescent Mining & Milling Co.Idaho Supreme Court · 1914