Friedenwald Co. v. Warren
Massachusetts Supreme Judicial Court
Contract. Writ in the Superior Court for the county of Suffolk dated October 6, 1905. The plaintiff alleged in its writ that it was a corporation duly-organized under the laws of the State of Maryland and having a usual place of business in Baltimore in that State. The declaration merely stated in two counts that the defendant owed the plaintiff certain sums according to an account annexed which is not material.
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Contract. Writ in the Superior Court for the county of Suffolk dated October 6, 1905. The plaintiff alleged in its writ that it was a corporation duly-organized under the laws of the State of Maryland and having a usual place of business in Baltimore in that State. The declaration merely stated in two counts that the defendant owed the plaintiff certain sums according to an account annexed which is not material. The answer was as follows: “ Now comes the defendant in the above entitled cause and for answer denies each and every allegation in the plaintiff’s writ and declaration therein…
1Opinion of the CourtSheldon, J.
1. The court had a right in the exercise of its discretion to refuse to allow the defendant to file his proposed amendment, and no exception lies to the exercise of that discretion. Hurley v. Donovan, 182 Mass. 64, 71. Graef v. Bernard, 162 Mass. 300. Smith v. Whiting, 100 Mass. 122.
2. The plaintiff is a foreign corporation. It is provided in substance by our statutes that foreign corporations before doing business in this Commonwealth shall appoint the commissioner of corporations to be their attorney for the service of process, shall file with him copies of their charters and by-laws and…
2Cases cited25 opinions
- The Walter A. Wood Mowing v. CaldwellIndiana Supreme Court · 1876
- Trustees of Phillips Limerick Academy v. DavisMassachusetts Supreme Judicial Court · 1814
- Nickels v. People's Building, Loan & Saving Ass'nSupreme Court of Virginia · 1896
- Carson-Rand Co. v. SternSupreme Court of Missouri · 1895
- Daly v. National Life Insurance Co. of United StatesIndiana Supreme Court · 1878
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3Cited by24 opinions
- White v. E. T. Slattery Co.Massachusetts Supreme Judicial Court · 1920
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- Mark v. Stuart-Howland Co.Massachusetts Supreme Judicial Court · 1917
- Remington Arms Co. Inc. v. Lechmere Tire & Sales Co.Massachusetts Supreme Judicial Court · 1959
- Lewis v. RussellMassachusetts Supreme Judicial Court · 1939
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