Dahl Implement & Lumber Co. v. Campbell
North Dakota Supreme Court
Appeal from District Court of Eichland County, Allen, J. “A corporation can have no legal existence out of the boundaries of the sovereignty by which it is created,” and the corporation can make no valid contract without the sanction, express or implied, of the sovereignty in which the contract is made.” Paul v. Virginia, 8 Wall. 68— 131; Washburn Mill Co. v. Bartlett, 3 N. D. 138; 2 Morawetz, Priv.
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Appeal from District Court of Eichland County, Allen, J. “A corporation can have no legal existence out of the boundaries of the sovereignty by which it is created,” and the corporation can make no valid contract without the sanction, express or implied, of the sovereignty in which the contract is made.” Paul v. Virginia, 8 Wall. 68— 131; Washburn Mill Co. v. Bartlett, 3 N. D. 138; 2 Morawetz, Priv. Corp. § 958; Waters, etc., Co. v. Texas, 177 U. S. 28; Eeimers v. Seatco Mfg. Co. 79 Fed. 373; 12 E. C. L. pp. 6 et seq. and the cases cited under note 12; Doyle v. Continental Inst. Co. 94 IT. S.…
1Opinion of the CourtBirdzell, J.
This is an action brought upon two promissory notes which were given by the defendants in payment for a threshing rig purchased of the plaintiff in July, 1918, and to foreclose a chattel mortgage securing the notes. The defendants plead breaches of warranty, claiming also the right of rescission for misrepresentations and fraud. They also counterclaim, asking damages for the breaches of warranty. As a further and independent defense, it is alleged that the plaintiff is a corporation existing under the laws of the state of South Dakota, having its office and place of business at the village of…
2Cases cited24 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Leisy v. HardinSupreme Court of the United States · 1890
- International Textbook Co. v. PiggSupreme Court of the United States · 1910
19 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Grupe v. GlickCalifornia Supreme Court · 1945
- Minneapolis Threshing MacHine Co. v. HuncovskyNorth Dakota Supreme Court · 1924
- Farwell, Ozmun, Kirk, & Co v. WallaceNorth Dakota Supreme Court · 1920
- Burke v. ThomasDistrict Court, D. Alaska · 1955
- Grupe v. GlickCalifornia Supreme Court · 1945
1 more not listed; retrieve them via the Exa API.