Blevins v. Fairley
Missouri Court of Appeals
Appeal from the Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The contract or note sued on is not void by reason of the failure of the Davis & Rankin Building & Manufacturing Company, prior to November 13, 1893,. to comply with the act of the legislature of 1891, relative to foreign corporations. The payee of the note was not a resident foreign corporation doing business in this state in violation of said act.
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Appeal from the Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The contract or note sued on is not void by reason of the failure of the Davis & Rankin Building & Manufacturing Company, prior to November 13, 1893,. to comply with the act of the legislature of 1891, relative to foreign corporations. The payee of the note was not a resident foreign corporation doing business in this state in violation of said act. It was represented by a traveling salesman or drummer or “agent,” as designated in defendant’s answer. The statute excludes from its operation contracts made by traveling…
1Opinion of the CourtEllison, J.
This action is on a nonnegotiable promissory note assigned to plaintiff. A demurrer to the plaintiff’s evidence was sustained and he appeals.
statement. It appears that the note was executed to the Davis & Rankin Building & Manufacturing Company, an Illinois corporation. That it was given to such corporation as part consideration for the erection and equipment of a creamery at Versailles, Missouri. The contract for the creamery, out of which the note arose, was made by a traveling soliciting agent representing the corporation. It is urged in defense of the judgment for defendant, *262that the…
2Cases cited2 opinions
- Pierce Steam Heating Co. v. A. Siegel Gas Fixture Co.Missouri Court of Appeals · 1895
- Williams v. ScullinMissouri Court of Appeals · 1894
3Cited by7 opinions
- Tri-State Amusement Co. v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1905
- Ehrhardt v. Robertson Bros.Missouri Court of Appeals · 1899
- Wilson-Moline Buggy Co. v. PriebeMissouri Court of Appeals · 1907
- Frick Co. v. MarshallMissouri Court of Appeals · 1900
- Chicago Mill & Lumber Co. v. SimsMissouri Court of Appeals · 1903
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