Electric Lighting Co. v. Rust
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Tried before the lion. William IT. Tayloe. The bill in this case was filed by appellee, Lewis H. Rust, against the Electric Lighting Company of Mobile.
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Appeal from the Chancery Court of Mobile. Tried before the lion. William IT. Tayloe. The bill in this case was filed by appellee, Lewis H. Rust, against the Electric Lighting Company of Mobile. The material allegations of the bill are as follows : The Mobile and Spring Hill Railway Company, on the 1st day of April, 1893, executed and delivered to the Mercertile Trust & Deposit Company of New York, and caused to be .recorded in the probate court of Mobile county, a certain deed of ‘trust, whereby the said railway company conveyed toAthe said trust company the railway of said company, situated…
1Opinion of the CourtHaralson, J.
1. The 1st, 2d and 3d grounds of demurrer question the equity of the bill, on the ground, that at the time the mortgage, — the foundation of the *690suit, — was ■ executed, the mortgagee, the ' Mercantile Trust Company, had not complied with the constitution and statutes of this State, requiring a foreign corporation to, file' with the Secretary of State an instrument in writing, properly executed, designating at least one known place of business in the State.- The bill shows plainly enough, that the mortgage was a New York and not an Alabama contract. It is the simple case of a foreign…
2Cases cited18 opinions
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Hurst v. Bell & Co.Supreme Court of Alabama · 1882
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3Cited by11 opinions
- Roberts v. W. H. Hughes Co.Supreme Court of Vermont · 1912
- Figh v. TaberSupreme Court of Alabama · 1919
- State v. National Cash Credit Ass'nSupreme Court of Alabama · 1932
- Franklin Life Ins. Co. v. WardSupreme Court of Alabama · 1939
- American Building Loan & Tontine Savings Ass'n v. HaleySupreme Court of Alabama · 1901
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