Delaware River Quarry & Construction Co. v. Bethlehem & Nazareth Passenger Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 31, Jan. T., 1901, by plaintiff, from decree of C. P. Northampton Co., Sept. T., 1900, No. 4, dismissing bill in equity in case of Delaware River Quarry & Construction Company v. Bethlehem & Nazareth Passenger Railway Company, Bethlehem Construction Company, State Trust Company, Lehigh Valley Traction Company and Guaranty Trust Company. Creditor’s bill in equity for a receiver.
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Appeal, No. 31, Jan. T., 1901, by plaintiff, from decree of C. P. Northampton Co., Sept. T., 1900, No. 4, dismissing bill in equity in case of Delaware River Quarry & Construction Company v. Bethlehem & Nazareth Passenger Railway Company, Bethlehem Construction Company, State Trust Company, Lehigh Valley Traction Company and Guaranty Trust Company. Creditor’s bill in equity for a receiver. From the pleadings it appeared that plaintiff claimed the sum of $31,765.43 for labor and material furnished in the construction of ten miles of electric railway for the Bethlehem & Nazareth Passenger…
1Opinion of the Court
Opinion by
Mb.. Justice Fell,
The effect given by our decisions to the Act of April 22,1874, P. L. 108, is to prohibit a recovery by a foreign corporation on a contract made in violation of the provisions of the statute. The plaintiff, a New Jersey corporation, without having complied with the act, constructed in this state ten miles of road bed, laid the tracks, turnouts and' switches, and erected the overhead appliances necessary for the complete operation of an electric railway. It was engaged in this work for more than six months. Its claim is on a quantum meruit for the separate items for…
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