Acme Mercantile Agency v. Rochford
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. J ones, Judge. Action by a foreigú corporation upon certain promissory notes. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion.
Read the full summary
Appeal from circuit court, Minnehaha county. Hon. J. W. J ones, Judge. Action by a foreigú corporation upon certain promissory notes. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. The complaint is fatally defective because it contains no affirmative allegation that respondent has complied with the provisions of Chap. 47, Laws of 1895. Stevenson v. Ewing, 9 S. W. 230; Hawarth v. Montgomery; 18 Id. 399; Cary-Lombard L. Co. v. Thomas, 22 Id. 743; Land Co. v. Lumber Co; 35 Id. 886; Ins. Co. v. Kennedy, 36 Id. 709; Huffman v. Western Mtge. &c. Co., 36 Id. 306;…
1Opinion of the CourtHaney, J.
This action is by a foreign corporation on two promissory notes executed and payable in this state. It is alleged in the complaint “that at all times hereinafter mentioned this plaintiff has been, and now is, a corporation duly organized and existing according to the laws of Iowa.” Defendant demurred upon the following grounds: “That the facts stated in the complaint are not sufficient to constitute a cause of action and especially in that it appears from the complaint that the plaintiff is a foreign corporation, and that the notes set forth in the complaint were executed and made payable in…
2Cases cited2 opinions
- Cassaday v. American Ins.Indiana Supreme Court · 1880
- Bradley, Metcalf & Co. v. ArmstrongSouth Dakota Supreme Court · 1896
3Cited by8 opinions
- State ex rel. Hart-Parr Co. v. Robb-Lawrence Co.North Dakota Supreme Court · 1906
- Reed v. ToddSouth Dakota Supreme Court · 1910
- Harris v. BucherCalifornia Court of Appeal · 1914
- Western Loan & Building Co. v. Elias Morris & Sons Co.Arizona Supreme Court · 1934
- Nurseries v. Gurney Seed & Nursery Co.South Dakota Supreme Court · 1923
3 more not listed; retrieve them via the Exa API.