Federal Schools, Inc. v. Gray

The plaintiff corporation is a foreign one and could at common law maintain this action. The British Americcm Land Co. vs. Ames, Jr., 6 Met. 391.

But Sec. 2, c. 18 of General Laws of Massachusetts, provides that a foreign corporation, such as is the plaintiff, “shall not engage or continue in any kind of business in this Commonwealth” excepting under certain conditions. The defendant in its answer alleges, in regard to this matter, simply:— “a denial of the right of the plaintiff corporation to use the courts of this Commonwealth”.

We must, therefore, decide in the first instance whether this…