Carson-Rand Co. v. Stern
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) The act of April 21, 1891, known as the foreign corporation law, is highly penal and must be strictly construed. State to use v. Railroad, 19 Mo. App. 104; Paris hv. Railway, 63 Mo. 284; State v. Bryant, 90 Mo. 534. (2) The agreed facts show no failure “to comply with the conditions of this law” or no fa.ilure “to comply with this act.” Livingstonev.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) The act of April 21, 1891, known as the foreign corporation law, is highly penal and must be strictly construed. State to use v. Railroad, 19 Mo. App. 104; Paris hv. Railway, 63 Mo. 284; State v. Bryant, 90 Mo. 534. (2) The agreed facts show no failure “to comply with the conditions of this law” or no fa.ilure “to comply with this act.” Livingstonev. Stockles, 7 Hill,-255; Catlin v. Insurance Company, 1 Sumner, 439; 1 Platt on Leases, p. 116; Jackson v. Silvernail, 15 Johns. 278. (3) Plaintiff complied with the…
1Opinion of the CourtBarclay, J.
Plaintiff brought an action against defendants, August 25, 1893, to recover upon certain notes and accounts for goods sold and delivered, amounting to a total of more than $3,400. The action was in usual form, accompanied with an attachment under which some property 'of defendants was seized on the same day.
The summons was served on defendants, September 11, 1893.
*388The writs were returnable to the October term, 1893. At that time the defendants 'appeared, and moved the court to dismiss the cause on the ground that the plaintiff had omitted to comply with the conditions prescribed by the act of…
2Cases cited1 opinion
- Warder v. HenrySupreme Court of Missouri · 1893
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- Buffalo Zinc & Copper Co. v. CrumpSupreme Court of Arkansas · 1902
- Friedenwald Co. v. WarrenMassachusetts Supreme Judicial Court · 1907
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