American Copying Co. v. Eureka Bazaar
South Dakota Supreme Court
Appeal from Circuit Court, McPherson County. Hon. LoriNG E. Garry, Judge. Action by the American Copying Company against the Eureka Bazaar. From a judgment in favor of defendant, plaintiff appeals. The failure of a foreign corporation to comply with the laws of this state requiring it to file its articles of incorporation are matters of defense which must be set out and alleged in the answer.
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Appeal from Circuit Court, McPherson County. Hon. LoriNG E. Garry, Judge. Action by the American Copying Company against the Eureka Bazaar. From a judgment in favor of defendant, plaintiff appeals. The failure of a foreign corporation to comply with the laws of this state requiring it to file its articles of incorporation are matters of defense which must be set out and alleged in the answer. Acme Mercantile Agency v. Rochford, 10 S. D. 203. This particular transaction being an isolated transaction and no proof to show that the plaintiff was transacting business within the state beyond the…
1Opinion of the CourtFuller, P. J.
On the 13th day of January, 1903, plaintiff, a foreign corporation, commenced this action on contract in file-name of William B. Graham and Alonzo L. Utz, as copartners doing business under the firm name and style of the American Copying Company, but, after the answer was served and the case noticed for trial at the June, 1903, term, leave was applied for and obtained to amend the verified complaint bjr alleging plaintiff's corporate-capacity by virtue of the laws of Illinois. By the terms of such-contract, which was executed in this state September 8, 1902, with-reference to a trading stamp…
2Cases cited41 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Harris v. RunnelsSupreme Court of the United States · 1851
- Miller v. AmmonSupreme Court of the United States · 1892
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3Cited by9 opinions
- Flint & Walling Mfg. Co v. McDonaldSouth Dakota Supreme Court · 1908
- Peter & Burghard Stone Co. v. CarperIndiana Court of Appeals · 1930
- Sioux Remedy Co. v. CopeSouth Dakota Supreme Court · 1911
- Watkins Company v. DuttSouth Dakota Supreme Court · 1969
- Reed v. ToddSouth Dakota Supreme Court · 1910
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