Commonwealth v. Read Phosphate Co.
Court of Appeals of Kentucky
Case 6- — Action by Commonwealth against the Read Phosphate Company to Recover a Penalty. appeal prom logan circuit court. Judgment por Dependant and Plaintiff Appeals.
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Case 6- — Action by Commonwealth against the Read Phosphate Company to Recover a Penalty. appeal prom logan circuit court. Judgment por Dependant and Plaintiff Appeals. This action, to recover a penalty from the appellee, Read Phos- • phate Co., for failing to file statement with the secretary o£ State before doing business in the State, was dismissed by the court after hearing all the evidence, upon the ground that appellee had denied that it had failed to file the required statement, and there was no proof that it had not been- filed. An examination of the alleged denial will show that the…
1Opinion of the Court
Oinxrox ok the corRT by
JUDGE WHITE
Reversing.
This is a penal action, brought by the Commonwealth of Kentucky against the appellee, Read Phosphate Company, a corporation organized in the State of West Virginia, seeking to recover the penalty imposed by statute for engaging in business in this State without filing in the office of the Secretary of State1 a statement, as required by section 571, Kentucky Statutes, giving tbe location of its office in this State, and' ilie name of an officer or agent thereat upon whom process might be served; the petition averring that ihe appellee had engaged in…
2Cases cited7 opinions
- Hooper v. CaliforniaSupreme Court of the United States · 1895
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Waters-Pierce Oil Co. v. TexasSupreme Court of the United States · 1900
- New York Life Insurance v. CravensSupreme Court of the United States · 1900
- Knoxville Nursery Co. v. CommonwealthCourt of Appeals of Kentucky · 1900
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3Cited by5 opinions
- International Harvester Co. v. CommonwealthCourt of Appeals of Kentucky · 1912
- Ledford v. HubbardCourt of Appeals of Kentucky (pre-1976) · 1926
- Commonwealth v. O'Bryan, Utley & Co.Court of Appeals of Kentucky · 1913
- Commonwealth v. Parlin & Orendorff Co.Court of Appeals of Kentucky · 1904
- Bondurant v. Dahnke-Walker Milling Co.Court of Appeals of Kentucky · 1917