McMann v. Walker
Supreme Court of Colorado
Error to the County Court of Arapahoe County. The defendant in error executed and delivered his promissory note, in the city of Denver, payable to the Sprague Collection Agency.
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Error to the County Court of Arapahoe County. The defendant in error executed and delivered his promissory note, in the city of Denver, payable to the Sprague Collection Agency. The payee was a foreign corporation, and at the time of this transaction had not, nor has it since, complied with the law requiring such corporations to pay certain fees before engaging in business in this state. — Session Laws 1897, p. 157. Before maturity, the plaintiffs in error, for value and without notice that the payee had not complied with the law relative to foreign corporations, purchased the note from the…
1Opinion of the CourtJustice Gabbert
The only question necessary to determine, - is, whether or not a negotiable promissory note, in the hands of parties obtaining it for value, in good faith, before maturity, from a foreign corporation in this state to which it was given in this state, is invalid as against the maker, because such corporation at the time of the execution and delivery of such note, or subsequently, had not complied with the laws relative to the conditions which would authorize it to engage in business within the state. The question is one which has been discussed by the courts of several states, with the result…
2Cases cited3 opinions
- Sondheim v. GilbertIndiana Supreme Court · 1888
- Boughner v. MeyerSupreme Court of Colorado · 1879
- Wolke v. KuhneIndiana Supreme Court · 1887
3Cited by9 opinions
- Callaway v. Hamilton Nat. Bank of WashingtonCourt of Appeals for the D.C. Circuit · 1952
- First Nat. Bank of Price v. ParkerUtah Supreme Court · 1920
- Butte MacHinery Co. v. JeppesenIdaho Supreme Court · 1925
- Finseth v. SchererSupreme Court of Minnesota · 1917
- Peoples Loan & Finance Corp. v. LatimerSupreme Court of Georgia · 1937
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