Hogan v. Intertype Corp.
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Greenwood District; W. A. Falconer, Chancellor; 1. The notes and mortgage evidence a contract made in this State by a foreign corporation without complying with the laws of this State. 60 Ark. 122; 115 Id. 116; 124 Id. 539; 128 Id, 211; Acts 1907, 745. 2. It was error to render judgment without protecting appellant from suit in behalf of the Merganthaler Linotype Company. 65 Am.
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Appeal from Sebastian Chancery Court, Greenwood District; W. A. Falconer, Chancellor; 1. The notes and mortgage evidence a contract made in this State by a foreign corporation without complying with the laws of this State. 60 Ark. 122; 115 Id. 116; 124 Id. 539; 128 Id, 211; Acts 1907, 745. 2. It was error to render judgment without protecting appellant from suit in behalf of the Merganthaler Linotype Company. 65 Am. Rep. 186; 68 Mich. 303; 42 Miss. 795; 47 Ark. 351. 1. The sale was not within the statute and plaintiff as assignee had the right to sue. It is a clear case of interstate…
1DissentSmith, J.
The majority opinion does not set out .section 2 of the Act of 1913 which it construes. It reads as follows: “Any foreign corporation which shall fail to comply with the provisions of this act, and shall do any business in this State, shall be subject to a fine of not less than one thousand dollars, to be recovered before any court of competent jurisdiction, * * * and, as an additional penalty, any foreign corporation which shall fail or refuse to file its articles of incorporation or certificate as aforesaid, can not make any contract in this State which can be enforced by it either in law…
2Cases cited12 opinions
- Western Union Telegraph Co. v. Kansas Ex Rel. ColemanSupreme Court of the United States · 1910
- Ludwig v. Western Union Telegraph Co.Supreme Court of the United States · 1910
- Toledo Tie & L. Co. v. ThomasWest Virginia Supreme Court · 1890
- State v. American Book Co.Supreme Court of Kansas · 1904
- State Mutual Fire Insurance v. Brinkley Stave & Heading Co.Supreme Court of Arkansas · 1895
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