Legal Opinion

Hoffstater v. Jewell

Idaho Supreme Court

Decided February 24, 1921PublishedCited by 10 opinions

APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. James R. Bothwell, Judge. Action, to foreclose mortgage. Judgment for defendant Mountain Home Co-operative Irrigation Company. Statutes regulating foreign corporations and requiring the performance of certain acts by them do not relate to taking of single mortgage or purchase or sale of single piece of real property. Such acts do not constitute doing business. {Florsheim Bros.

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APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. James R. Bothwell, Judge. Action, to foreclose mortgage. Judgment for defendant Mountain Home Co-operative Irrigation Company. Statutes regulating foreign corporations and requiring the performance of certain acts by them do not relate to taking of single mortgage or purchase or sale of single piece of real property. Such acts do not constitute doing business. {Florsheim Bros. Dry Goods Co. v. Lester <& Lester, 60 Ark. 120, 46 Am. St. 162, 29 S. W. 34, 27 L. R. A. 505; Babbit v. Field, 6 Ariz. 6, 52 Pac.…

1Opinion of the CourtRice, C. J.

This is an action to foreclose a mortgage given by Earl W. Jewell and wife to the G. W. Randall Com*442pany, a Washington corporation, and by it assigned to the appellant. The respondent Mountain ■ Home Co-operative Irrigation Company, a domestic corporation, was made a party defendant and filed a cross-complaint, asking for the foreclosure of a mortgage which it held covering the same property ás that described in the complaint. The answers filed by the defendants in the district court alleged that the G. W. Randall Company was a foreign corporation doing business in the state of Idaho without…

2Cases cited3 opinions

  1. Von Baumbach v. Sargent Land Co.Supreme Court of the United States · 1917
  2. Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
  3. Weiser Land Co. v. BohrerOregon Supreme Court · 1915

3Cited by10 opinions

  1. Century Distilling Co. v. DefenbachIdaho Supreme Court · 1940
  2. Perry v. ReynoldsIdaho Supreme Court · 1942
  3. Adjustment Bureau of the Portland Ass'n of Credit Men v. ConleyIdaho Supreme Court · 1927
  4. State Tax Commission v. Howard P. Foley Co.Court of Appeals of Arizona · 1970
  5. AERO SERVICE CORP.(WESTERN) v. BensonIdaho Supreme Court · 1962

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