In re Comstock
District Court, D. Oregon
Objection to proof of debt—On September 20, 1874, tlio Bank of British Columbia filed an amended proof of debt against the estate of C. B. Comstock & Co., for the sum of $6,G20.8S. On September 26, the assignee filed an objection to such amended proof to the effect that such bank was a foreign corporation, and had never complied with sections S and 9 of the act of the state, of October 24, 1SG4, requiring a foreign corporation before transacting business in this state, to…
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Objection to proof of debt—On September 20, 1874, tlio Bank of British Columbia filed an amended proof of debt against the estate of C. B. Comstock & Co., for the sum of $6,G20.8S. On September 26, the assignee filed an objection to such amended proof to the effect that such bank was a foreign corporation, and had never complied with sections S and 9 of the act of the state, of October 24, 1SG4, requiring a foreign corporation before transacting business in this state, to appoint an attorney upon whom all process necessary to give jurisdiction over such corporations to the courts of this…
1Opinion of the Court
DEADY, District Judge.
On the argument it was admitted by counsel for the assignee, that he stood in the same relation to the matter as the bankrupts, and could not be heard to make this objection unless they could. Without expressing an opinion upon this proposition, it is assumed for the purposes of this case that such is the law.
It was also admitted that the bqnk is a foreign corporation, empowered by its charter to loan money and collect the same within this state, so far as the laws thereof permit.
Two questions appear to arise in the case: 1. Does the Oregon statute prohibit the…
2Cases cited4 opinions
- Rising Sun Insurance v. SlaughterIndiana Supreme Court · 1863
- Palmer v. LawrenceThe Superior Court of New York City · 1849
- Brown v. McCuneThe Superior Court of New York City · 1851
- Belding v. PitkinNew York Supreme Court · 1804
3Cited by16 opinions
- Uhlmann v. Kin DawOregon Supreme Court · 1920
- Washburn Mill Co. v. BartlettNorth Dakota Supreme Court · 1893
- Commercial Bank v. ShermanOregon Supreme Court · 1896
- Wright v. LeeSouth Dakota Supreme Court · 1892
- Thomas Manufacturing Co. v. KnappSupreme Court of Minnesota · 1907
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