Bureau v. Hooker, Corser & Mitchell Co.
Supreme Court of Vermont
Book Account, Windham County, April Term, 1910, Miles J., presiding. Pleas in bar showing the disability of the plaintiff to sue, and issue joined thereon to the jury, and thereupon heard on plaintiff’s motion for judgment to account. Judgment to account rendered. The defendant excepted. The opinion states the case.
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Book Account, Windham County, April Term, 1910, Miles J., presiding. Pleas in bar showing the disability of the plaintiff to sue, and issue joined thereon to the jury, and thereupon heard on plaintiff’s motion for judgment to account. Judgment to account rendered. The defendant excepted. The opinion states the case. In an action of book account, though a plea in bar that puts in issue the items of'plaintiff’s account is bad, a plea in bar that does not do that, but shows, if true, that defendant is not liable to account is good. In effect, defendant’s pleas deny plaintiff’s capacity to sue in…
1Opinion of the CourtRowell, C. J.
This is book account. The defendant pleads two pleas, the substance of which is, that the plaintiff is a foreign corporation, and as such has been doing business in this State since January 1, 1908, without ever having paid an annual license tax to this State, and without ever having procured from the secretary of state • a certificate that it_ had complied with all the requirements of law to authorize it to do business in this State; and that the items of book account upon which the suit is brought accrued under and by reason of various contracts between the parties, each and all of which…
2Cases cited8 opinions
- Hall v. ArmstrongSupreme Court of Vermont · 1893
- Farr v. BrackettSupreme Court of Vermont · 1857
- Hunneman & Co. v. Fire District No. 1Supreme Court of Vermont · 1864
- Boston Type & Stereotype Foundry v. SpoonerSupreme Court of Vermont · 1833
- Batchelder v. KinneySupreme Court of Vermont · 1871
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3Cited by5 opinions
- Oakes v. BuckmanSupreme Court of Vermont · 1913
- New York Central Railroad v. ClarkSupreme Court of Vermont · 1918
- ATLAS FINANCIAL CORPORATION v. OliverSupreme Court of Vermont · 1971
- Blaisdell v. McClarySupreme Court of Vermont · 1916
- Metcalf v. Metcalf's EstateSupreme Court of Vermont · 1915