Legal Opinion · Dissent

A. Booth & Co. v. Weigand

Utah Supreme Court

Decided December 31, 1904No. 1578Published

Appeal from the Third District Court, Salt Lake County. — Eon. T. D. Lewis, Judge. The plaintiff, a foreign corporation, brought this action to recover the value of certain goods sold and delivered to the defendant. From a judgment in favor of the plaintiff the defendant appealed.

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Appeal from the Third District Court, Salt Lake County. — Eon. T. D. Lewis, Judge. The plaintiff, a foreign corporation, brought this action to recover the value of certain goods sold and delivered to the defendant. From a judgment in favor of the plaintiff the defendant appealed. Can a foreign corporation without complying with the laws of Utah, maintain an action in its courts on contracts entered into within the State, while it was engaged in a general business in disregard of its laws? This court has answered this question in the negative. “It will be conceded in the outset that, if the…

1DissentMcCARTT, J.

The complaint in this ease contains three canses of action. The first canse of action is to recover from defendant the snm of $63.54, alleged to be dne plaintiff corporation for goods and merchandise sold by it to defendant; the second canse of action is to recover npon an assigned account for merchandise sold and delivered by the Cudahy Packing Company, a corporation, to the defendant, in the snm of $85.70, and which account, it is alleged, was duly assigned to plaintiff; and the third cause of action is npon an account for merchandise sold by E.. G-. Hines, doing business as the Hines…

2Cases cited11 opinions

  1. Dred Scott v. SandfordSupreme Court of the United States · 1857
  2. Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
  3. Fritts v. PalmerSupreme Court of the United States · 1889
  4. The Walter A. Wood Mowing v. CaldwellIndiana Supreme Court · 1876
  5. Toledo Tie & L. Co. v. ThomasWest Virginia Supreme Court · 1890

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