Larson v. Aultman & Taylor Co.
Wisconsin Supreme Court
APPEALS from the Circuit Court for Eau Claire County. This action was commenced March 6, 1891, against the defendant, a corporation organized under and by virtue of the laws of Ohio.
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APPEALS from the Circuit Court for Eau Claire County. This action was commenced March 6, 1891, against the defendant, a corporation organized under and by virtue of the laws of Ohio. The complaint alleges, in effect, that July 31, 1884, at Menominee, Wis., the defendant sol,d and delivered to the plaintiff certain machinery to be used in and about the plaintiff’s sawmill in Barron county, upon a warranty that the said machinery would do good work and be of good quality and capable of sawing from twenty-five to thirty-five thousand feet of pine lumber per day, and be fit for the purposes of…
1Opinion of the CourtCassoday, J.
It is conceded that the defendant is a corporation created and organized under the laws of Ohio. It exists only in contemplation of, and by force of, the law of that state. Since such law has, of itself, no exti'a-territorial force, the corporation cannot migrate to another state, but *284must dwell in the state of its creation. Bank of Augusta v. Earle, 13 Pet. 588; Ohio & M. R. Co. v. Wheeler, 1 Black, 286; Shaw v. Quincy M. Co. 145 U. S. 449, 450. While it can only live and have its being in that state, yet its residence there creates no insuperable objection to its power to contract in other…
2Cases cited25 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Muller v. DowsSupreme Court of the United States · 1876
- Fritts v. PalmerSupreme Court of the United States · 1889
20 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Ashland Lumber Co. v. Detroit Salt Co.Wisconsin Supreme Court · 1902
- State ex rel. Attorney General v. Portage City Water Co.Wisconsin Supreme Court · 1900
- Williams v. Metropolitan Street-railway Co.Supreme Court of Kansas · 1903
- Travelers' Insurance Co. v. FrickeWisconsin Supreme Court · 1898
14 more not listed; retrieve them via the Exa API.