La Moine Lumber & Trading Co. v. Kesterson
U.S. Circuit Court for the District of Oregon
At L,aw. This is an action by the Da Moine Dumber & Trading Company, a corporation organized and existing under the laws of the state of California, against H. G. Kesterson and A. W. Silsby, who are citizens and residents of the state of Oregon, to recover damages for the breach of a contract entered into between the Griffin & Skelley Company, which is also a California corporation, and the defendants.
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At L,aw. This is an action by the Da Moine Dumber & Trading Company, a corporation organized and existing under the laws of the state of California, against H. G. Kesterson and A. W. Silsby, who are citizens and residents of the state of Oregon, to recover damages for the breach of a contract entered into between the Griffin & Skelley Company, which is also a California corporation, and the defendants. By the terms of the contract the defendants undertook and agreed to deliver to Griffin & Skelley Company, and the latter agreed to receive, at Woodville Station, in the county of Jackson and…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). The demurrer to the first separate defense should be sustained, as the defendants are not in a position to raise the question of plaintiff’s capacity to sue because of its want of corporate power. That is a matter for the state, not for a private party, to assert. Clark & Marshall, Private Corporations, vol. 1, § 229.. The demurrer, however, should be overruled as to the second and third separate defenses. The allegation in the complaint that the lumber contracted for was purchased for shipment into the state of California stands denied by the answer. This…
2Cases cited7 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Gloucester Ferry Co. v. PennsylvaniaSupreme Court of the United States · 1885
- Philadelphia & Southern Steamship Co. v. PennsylvaniaSupreme Court of the United States · 1887
- Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
- Coit & Co. v. SuttonMichigan Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Yangming Marine Transport Corp. v. Revon Products U.S.A., Inc.Court of Appeals of Maryland · 1988
- Major Creek Lum. Co. v. JohnsonOregon Supreme Court · 1921
- Johnson v. SeabobgOregon Supreme Court · 1913
- Big Basin Lumber Co. v. Crater Lake Co.Oregon Supreme Court · 1912
- National Mercantile Co. v. WatsonDistrict Court, D. Oregon · 1914