Legal Opinion

First National Bank v. Fish

District Court, D. Alaska

Decided January 6, 1905No. 69Published

The complaint alleges that, on the 18th day of December,. 1903, the defendant Loomis purchased from one Sol G. Simpson certain goods, wares, merchandise, horses, and outfit to the amount of $5,000, and to secure payment therefor gave his individual note to Simpson, payable one year after date, with interest at 10 per cent, per annum; that on the 5th day of February, 1903, the defendants, Loomis and Fish, became partners, under the name of the “Loomis Transportation Company”;…

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The complaint alleges that, on the 18th day of December,. 1903, the defendant Loomis purchased from one Sol G. Simpson certain goods, wares, merchandise, horses, and outfit to the amount of $5,000, and to secure payment therefor gave his individual note to Simpson, payable one year after date, with interest at 10 per cent, per annum; that on the 5th day of February, 1903, the defendants, Loomis and Fish, became partners, under the name of the “Loomis Transportation Company”; that the goods, wares, merchandise, horses, and outfit so received from Simpson, for which the note was given,…

1Opinion of the Court

WICKERSHAM, District Judge.

One ground of objection to the complaint is that it does not allege that the plaintiff has complied with the laws of Congress requiring a foreign corporation to file a copy of its articles of incorporation, a statement of its liabilities, and consent to be sued with the secretary of the district and the clerk of the court. The objection is overruled. The statute only requires a foreign corporation to .take such action “before doing business in the district." Section 225, Civ. Code. There is nothing on the face of the complaint to show that plaintiff is doing…

2Cases cited7 opinions

  1. Keller v. AshfordSupreme Court of the United States · 1890
  2. National Bank v. Grand LodgeSupreme Court of the United States · 1878
  3. Tilton v. CofieldSupreme Court of the United States · 1876
  4. Johns v. WilsonSupreme Court of the United States · 1901
  5. James v. AppelSupreme Court of the United States · 1904

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