Parke, Davis & Co. v. Mullett
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. G. Park, Judge. (1) "Where a contract for the sale of property is void because entered into in violation of the statute governing foreign corporations doing business in Missouri, the title to property delivered pursuant to such contract remains in the original owner, and the equities not being against it and no other law preventing, it maintains the proper action to recover snch property.
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Appeal from Jackson Circuit Court. — Hon. J. G. Park, Judge. (1) "Where a contract for the sale of property is void because entered into in violation of the statute governing foreign corporations doing business in Missouri, the title to property delivered pursuant to such contract remains in the original owner, and the equities not being against it and no other law preventing, it maintains the proper action to recover snch property. Roeder v. Robertson, 202 Mo. 535. If the property has been consumed or disposed of, the value thereof may be recovered. Trans. Co. v. Pullman Co., 139 U. S. 24;…
1Opinion of the Court
BLAIR, C.
— This.is an action on a note instituted May 29, 1905, by Parke, Davis & Company, a Michigan corporation. An answer was filed, the averments of which elicited a reply (in 1907) wherein it was alleged, among other things, that plaintiff had not, prior to December 22, 1905, complied with the statute requiring foreign corporations to secure license before transacting business in this State; that plaintiff had divided its business into two departments, the “line department” and the “formula department;” that in the “line department” plaintiff transacted business in Missouri but in the…
2Cases cited13 opinions
- Tri-State Amusement Co. v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1905
- Douthart v. CongdonIllinois Supreme Court · 1902
- Wadsworth v. DunnamSupreme Court of Alabama · 1897
- State v. WilsonSupreme Court of Kansas · 1905
- Amalgamated Zinc & Lead Co. v. Bay State Zinc Mining Co.Supreme Court of Missouri · 1909
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3Cited by21 opinions
- Joseph T. Ryerson & Son v. ShawIllinois Supreme Court · 1917
- Perkins Manufacturing Co. v. Clinton Construction Co.California Supreme Court · 1930
- Duncan v. BlackMissouri Court of Appeals · 1959
- Flinn v. GillenSupreme Court of Missouri · 1928
- J. R. Watkins Medical Co. v. HollowayMissouri Court of Appeals · 1914
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