Rogers v. Union Iron & Foundry Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. William B. Eomer, Judge. (1) Where a foreign corporation appoints a sales agent with exclusive right to sell its goods and authority to make contracts, and such an agent maintains a branch office in Missouri where he makes contracts on behalf of the corporation, grants requests for cancellation, extends the time for delivery, makes collections, and in general, does in behalf of the corporation all acts necessary to be done in…
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Appeal from St. Louis City Circuit Court. — Eon. William B. Eomer, Judge. (1) Where a foreign corporation appoints a sales agent with exclusive right to sell its goods and authority to make contracts, and such an agent maintains a branch office in Missouri where he makes contracts on behalf of the corporation, grants requests for cancellation, extends the time for delivery, makes collections, and in general, does in behalf of the corporation all acts necessary to be done in connection with such contracts, the corporation does not come within the exception of Secs. 3039-40, R. S. 1909, as to…
1Opinion of the CourtCaulfield, J.
(after stating the facts).— 1. There is-no merit in defendant’s contention that plaintiffs must fail in their suit because their assignors were “doing business” in contravention to Secs. 30-39 and 3040, R. S. 1909. It may be conceded, without deciding, that such assignors were “doing business” within the meaning of those sections, but in our opinion whatever business was so done constituted interstate commerce and it has been held that said sections are null and void and should be dis-" *245regarded in so far as they apply to and affect foreign corporations engaged in interstate commerce.…
2Cases cited7 opinions
- Leisy v. HardinSupreme Court of the United States · 1890
- L. Miller & Co. v. GoodmanTexas Supreme Court · 1897
- International Text-Book Co. v. GillespieSupreme Court of Missouri · 1910
- Scott v. Parkview Realty & Improvement Co.Supreme Court of Missouri · 1912
- State v. EmertSupreme Court of Missouri · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Yarbrough v. W. A. Gage & Co.Supreme Court of Missouri · 1934
- Miles v. Macon County BankMissouri Court of Appeals · 1915
- Goodwin Jean v. American Ry. Express Co.Missouri Court of Appeals · 1927
- Simplified Tax Records, Inc. v. GantzMissouri Court of Appeals · 1960
- Shepard v. CommissionerUnited States Board of Tax Appeals · 1929
1 more not listed; retrieve them via the Exa API.