Chattanooga National Building & Loan Ass'n v. Denson
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. Suit to foreclose a mortgage given by the respondents to the petitioner to secure a note for the sum of $5000, given as evidence of a loan made by petitioner to respondents. The petitioner is a building and loan association, and a corporation of the State of Tennessee; the respondents are citizens of Alabama.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. Suit to foreclose a mortgage given by the respondents to the petitioner to secure a note for the sum of $5000, given as evidence of a loan made by petitioner to respondents. The petitioner is a building and loan association, and a corporation of the State of Tennessee; the respondents are citizens of Alabama. One of the defences of respondents is that the trans-. actions were illegal because petitioner had not complied with the laws of Alabama in regard to foreign corporations doing business in the State. This is the only…
1Opinion of the CourtJustice McKenna
The question presented by the case is, did the loan made by petitioner and the taking for security the note and mortgage under the circumstances presented by the record constitute a doing of business in the State, within the meaning of the constitution and laws of the State \
It was said by the Supreme Court of Alabama, Beard v. The Union & American Publishing Company, 71 Alabama, 60, that to constitute a doing of business within the. State “ there must be a doing of some of the works, or an exercise of some of the functions, for which the corporation was created.” It was held, however, that…
2Cases cited2 opinions
- Fritts v. PalmerSupreme Court of the United States · 1889
- Bedford v. Eastern Building and Loan Assn.Supreme Court of the United States · 1901
3Cited by59 opinions
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Cashin v. PliterMichigan Supreme Court · 1912
- Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
- Bothwell v. Buckbee-Mears CoSupreme Court of the United States · 1927
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
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