Thorner v. Selective Cam Transmission Co.

I dissent.

This is an appeal from a dismissal of appellant’s action for the balance due on five negotiable notes executed by the respondent. The complaint alleged the execution of the notes, their endorsement to the appellant, and respondent’s default and nonpayment. The answer admitted all of these facts but argued that the appellant lacked the capacity to maintain this action because appellant’s endorser was a foreign corporation, not authorized to do business in California. After a hearing, the trial court granted respondent’s motion to dismiss pursuant to section 6801 of the Corporations…