M. B. Faxon Co. v. Lovett Co.
Supreme Court of New Jersey
On contract. A supplement to the Corporation act, approved March 14th, 1895 (Gen. Stat., p. 994), requires certain foreign corporations, “ before transacting any business in any manner whatsoever in this state,” to file certain papers in the department of state, and then enacts that, upon filing such papers, “ the secretary of state shall issue to the said foreign corporation a certificate that it has complied with all the requirements of law to authorize it to transact…
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On contract. A supplement to the Corporation act, approved March 14th, 1895 (Gen. Stat., p. 994), requires certain foreign corporations, “ before transacting any business in any manner whatsoever in this state,” to file certain papers in the department of state, and then enacts that, upon filing such papers, “ the secretary of state shall issue to the said foreign corporation a certificate that it has complied with all the requirements of law to authorize it to transact business in this state, and that the business of such corporation to be carried on within this state is such as may be…
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
We think the position of the plaintiff is well founded. The legislature did not intend to include the main*130tenance of suits in the business which it forbade to be transacted. Moreover, by expressly prohibiting the maintenance of suits on contracts made in this state, it impliedly permitted suits on contracts made elsewhere, and it further expressly authorized suits on lawful contracts made prior to the passage of the act, without any restriction as to the place where such contracts had been made. We interpret the law to permit foreign…
2Cited by8 opinions
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- Slaytor-Jennings Co. v. Specialty Paper Box Co.Supreme Court of New Jersey · 1903
- Allerton v. GrundySupreme Court of New Jersey · 1901
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