Ehrhardt v. Robertson Bros.
Missouri Court of Appeals
Appeal from the Gooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The foreign corporation act of 1891 applies only “to foreign corporations permanently located in this state,” and “expressly excludes from its operations business transacted by drummers and traveling salesmen soliciting business in this state for foreign corporations.” Blevins v. Eairley, 71 Mo. App. 259; Steam Heating Oo. v. Gas Fixture Oo., 60 Mo. App. 148; Maxwell v. Edens, 65 Mo.
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Appeal from the Gooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The foreign corporation act of 1891 applies only “to foreign corporations permanently located in this state,” and “expressly excludes from its operations business transacted by drummers and traveling salesmen soliciting business in this state for foreign corporations.” Blevins v. Eairley, 71 Mo. App. 259; Steam Heating Oo. v. Gas Fixture Oo., 60 Mo. App. 148; Maxwell v. Edens, 65 Mo. App. 440; Session Acts 1891, p. 75. (2) In any event the note was not void. The said act of 1891 provides a penalty for its violation.…
1Opinion of the CourtEllison, J.
Plaintiff is the indorsee of a note given to A. W. Stephens & Son, a corporation organized in New York, for the price of a threshing machine. The judgment below was for defendants.
It is not pretended that the corporation aforesaid ever complied with the laws of 1891, page 75, in relation to foreign corporations. It is provided by section 1 of that act that, “before it (the corporation) shall be authorized or permitted to transact business in this state,” it “shall have and *407maintain a public office or place in this state for the transaction of business, where legal service may be obtained upon…
2Cases cited21 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Miller v. AmmonSupreme Court of the United States · 1892
- Cary-Lombard Lumber Co. v. ThomasTennessee Supreme Court · 1893
- Cincinnati Mutual Health Assurance Co. v. RosenthalIllinois Supreme Court · 1870
- Toledo Tie & L. Co. v. ThomasWest Virginia Supreme Court · 1890
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3Cited by22 opinions
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- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- State Bank of Chicago v. HollandTexas Supreme Court · 1910
- G. Heileman Brewing Co. v. PeimeislSupreme Court of Minnesota · 1901
- First National Bank v. LeeperMissouri Court of Appeals · 1906
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