Legal Opinion

Florsheim Bros. Dry Goods Co. v. Lester

Supreme Court of Arkansas

Decided January 5, 1895PublishedCited by 25 opinions

Appeal from Lafayette Circuit Court. Charles W. Smith, Judge. STATEMENT BY THE COURT. The appellant, a foreign corporation, organized under the laws of the State of Louisiana, and doing business at Shreveport, in said State, through its president took a mortgage from the appellees at New Lewisville, in the State of Arkansas, to secure the payment of sixteen hundred dollars, with interest, which the appellees owed it for the purchase price of goods sold them on a credit, the…

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Appeal from Lafayette Circuit Court. Charles W. Smith, Judge. STATEMENT BY THE COURT. The appellant, a foreign corporation, organized under the laws of the State of Louisiana, and doing business at Shreveport, in said State, through its president took a mortgage from the appellees at New Lewisville, in the State of Arkansas, to secure the payment of sixteen hundred dollars, with interest, which the appellees owed it for the purchase price of goods sold them on a credit, the debt having matured at the time the mortgage was given. This suit was brought in equity to foreclose said mortgage in…

1Opinion of the Court

Hughes, J.,

(after stating the facts.) The only question in this case is whether the taking of a single mortgage in this State, by a foreign corporation, for a past-due indebtedness for goods sold in the foreign State, the domicil of the foreign corporation, is doing business in this State, within the meaning of the constitution and the act of the general assembly above quoted. There can be no doubt that the sale and shipment of the goods was interstate commerce. It does not matter, then, how many sales and shipments there might have been ; they could not be prohibited by the statute. There is…

2Cases cited1 opinion

  1. Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885

3Cited by25 opinions

  1. Oakland Sugar Mill Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1902
  2. John Deere Plow Co. v. WylandSupreme Court of Kansas · 1904
  3. Neyens v. WorthingtonMichigan Supreme Court · 1908
  4. Commercial Bank v. ShermanOregon Supreme Court · 1896
  5. Ammons v. Brunswick-Balke-Collender Co.Court of Appeals for the Eighth Circuit · 1905

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