Frank v. Broadway Tire Exchange Co.

This is an action of assumpsit on book account and common counts, commenced by Eli Frank and George C. Phillips, receivers of Dreadnaught Tire and Rubber Company of Baltimore, appointed under a decree of the District Court for the District of Maryland.

To the declaration the defendant filed a plea in abatement setting up in substance that the contract on which the writ and declaration were based was made within the State of Rhode Island, and that at the time of the commencement of said action the Dreadnaught Tire and Rubber Co. was a foreign corporation, and had not filed, with the Secretary…