Model Heating Co. v. Magarity
Supreme Court of Delaware
Writ of Error to Superior Court for New Castle County. Action by the Model Heating Company against Thomas Magarity (No. 43, June Term, 1908). Judgment for defendant (1 Boyce 240, 75 Atl. 614), and plaintiff brings error. Reversed and demurrer to special plea in abatement sustained.
1Opinion of the Court
Curtis, Ch.
delivering the opinion of the court:
The writ of error is taken by the plaintiff below to a judgment of the Superior Court overruling a demurrer of the plaintiff to a special plea in abatement to the declaration. The action was in assumpsit to recover for goods sold and delivered. By a special plea the defendant alleged that the plaintiff was a corporation under the laws of Pennsylvania; that at the time the contract was made the corporation was doing business in Delaware through and by branch offices, agents, or representatives located here,, without having complied with the…
2Cases cited49 opinions
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- National Bank v. MatthewsSupreme Court of the United States · 1879
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- Harris v. RunnelsSupreme Court of the United States · 1851
- Fritts v. PalmerSupreme Court of the United States · 1889
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