Tarr v. Western Loan & Savings Co.
Idaho Supreme Court
APPEAL from tbe District Court of the Sixth Judicial District for the County of Bingham. Hon. J. M. Stevens, Judge. Action by the plaintiffs to have a mortgage declared void and canceled. Cross-complaint by defendant to foreclose the mortgage and answer by plaintiffs to the cross-complaint. Judgment for defendant and plaintiffs appeal.
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APPEAL from tbe District Court of the Sixth Judicial District for the County of Bingham. Hon. J. M. Stevens, Judge. Action by the plaintiffs to have a mortgage declared void and canceled. Cross-complaint by defendant to foreclose the mortgage and answer by plaintiffs to the cross-complaint. Judgment for defendant and plaintiffs appeal. Where a statute of a state provides that a foreign corporation shall not do business within the state except upon compliance with certain conditions, and such a corporation does business in the state in violation of the statute, and, through the business so…
1Opinion of the CourtAilshie, J.
This action was commenced by the plaintiffs for the purpose of obtaining a decree canceling a certain *745mortgage of record and declaring the same null and void. The defendant filed its answer and also a cross-complaint seeking a foreclosure of the mortgage. The plaintiffs answered the defendant’s cross-complaint and set up the defense that the defendant is, and was at the time the contract was made and entered into, a foreign corporation doing business in this state, and that at the time the contract was made and entered into the corporation had not complied with the constitution and statutes…
2Cases cited10 opinions
- Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
- American Smelting & Refining Co. v. Colorado Ex Rel. LindsleySupreme Court of the United States · 1907
- Katz v. HerrickIdaho Supreme Court · 1906
- Bismark Mountain Gold Mining Co. v. North Sunbeam Gold Co.Idaho Supreme Court · 1908
- Valley Lumber & Manufacturing Co. v. NickersonIdaho Supreme Court · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Steinour v. Oakley State BankIdaho Supreme Court · 1928
- Swain v. FritchmanIdaho Supreme Court · 1912
- Village of Heyburn v. Security Savings & Trust Co.Idaho Supreme Court · 1935
- Moody v. Morris-Roberts Co.Idaho Supreme Court · 1923
- Weber v. Pend D'Oreille Mining & Reduction Co.Idaho Supreme Court · 1921
16 more not listed; retrieve them via the Exa API.