Root v. Sweeney
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. Levi McGee, Judge. Action by Elliott M. Root and others against Thomas Sweeney. From an order sustaining a demurrer to the complaint, plaintiffs appeal. Where the representative of the foreign corporation is vested with the title, he may maintain an action by virtue of such title, as owner of the property.
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Appeal from circuit court, Pennington county. Hon. Levi McGee, Judge. Action by Elliott M. Root and others against Thomas Sweeney. From an order sustaining a demurrer to the complaint, plaintiffs appeal. Where the representative of the foreign corporation is vested with the title, he may maintain an action by virtue of such title, as owner of the property. Murfree, For Corp. § 485; Relf v. Rundle, 103 U. S. 222; Avery v. Safe Co. 72 Fed. 700; Toronto Trust Co v. Railroad, 121 N. Y. 37; Thomp. Corp. § 7334-7346. A foreign corporation cannot claim the right to sue or do business in the state…
1Opinion of the Court
Cokson. P. J.
In January, 1892, the Atlantic Dynamite Company, a corporation organized and existing under the laws of the state of California, commenced an action in the circuit court of Pennington county to recover the sum which that company claimed to be due it from the defendant under a contract existing between it and the said defendant, by which the said defendant was appointed the sole agent of that company to sell its goods in Pennington county, and by j which contract the defendant guaranteed the payment of all money for all sales made.- The defendant duly filed an answer to this…
2Cases cited7 opinions
- Relfe v. RundleSupreme Court of the United States · 1881
- Seamans v. Temple Co.Michigan Supreme Court · 1895
- Wright v. LeeSouth Dakota Supreme Court · 1892
- Seamans v. ZimmermanSupreme Court of Iowa · 1894
- Ayres v. SiebelSupreme Court of Iowa · 1891
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3Cited by2 opinions
- Bankers' Life Company v. HorsfallSouth Dakota Supreme Court · 1925
- Root v. SweeneySouth Dakota Supreme Court · 1903