Unitype Co. v. Schwittay
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Mari-nette county: W. B. Quinlan, Circuit Judge. The plaintiff, a foreign corporation, which had never' complied with the provisions of sec. 17706, Stats., by filing a copy of its articles of incorporation with the secretary of state and therefore never had been licensed to do business in this state, and whose home office was in Brooklyn, New York, sold in June, 1911, to one Albert E. Schwittay of Marinette, Wisconsin, a…
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Appeal from a judgment of the circuit court for Mari-nette county: W. B. Quinlan, Circuit Judge. The plaintiff, a foreign corporation, which had never' complied with the provisions of sec. 17706, Stats., by filing a copy of its articles of incorporation with the secretary of state and therefore never had been licensed to do business in this state, and whose home office was in Brooklyn, New York, sold in June, 1911, to one Albert E. Schwittay of Marinette, Wisconsin, a certain unitype machine, together with type material, all of which was shipped from New York and delivered at the city of…
1Opinion of the CourtEschweiler, J.
The situation here is controlled and in favor of plaintiff by the decision in Regina Co. v. Toynbee, 163 Wis. 551, 158 N. W. 313. In that case a foreign un*492licensed corporation, under a conditional sale contract in substance like the one here, sold a piano to a resident of Wisconsin. He afterwards sold the piano to the defendant, who' removed it to another town in Wisconsin. The vendor subsequently took from this third person notes to the exact amount unpaid on the original contract with a new and similar conditional sale contract. There was no release of the original contract. This court held…
2Cases cited6 opinions
- York Manufacturing Co. v. ColleySupreme Court of the United States · 1918
- F. A. Patrick & Co. v. DeschampWisconsin Supreme Court · 1911
- Wolf Co. v. KutchWisconsin Supreme Court · 1911
- Bowser v. SaviduskyWisconsin Supreme Court · 1913
- Regina Co. v. ToynbeeWisconsin Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- American Slicing Machine Co. v. JaworskiWisconsin Supreme Court · 1923