Washburn Mill Co. v. Bartlett
North Dakota Supreme Court
Appeal from District Court, Sargent County; Lauder, J. Action by the Washburn Mill Company against S. J. Bartlett and another to foreclose a real estate mortgage. A demurrer to the answer was overruled, and plaintiff appeals. Defendant’s answer is insufficient to raise the question of noncompliance with the statute. It pleads legal conclusions.
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Appeal from District Court, Sargent County; Lauder, J. Action by the Washburn Mill Company against S. J. Bartlett and another to foreclose a real estate mortgage. A demurrer to the answer was overruled, and plaintiff appeals. Defendant’s answer is insufficient to raise the question of noncompliance with the statute. It pleads legal conclusions. Gull River Lumber Co. v. Keefe, 41 N. W. Rep. 743> 6 Dak. 160. The defense that a foreign corporation has not complied with the statute, by filing its articles of incorporation and appointing a resident agent must be specially pleaded. American…
1Opinion of the CourtBartholomew, J.
The appellant herein, the Wasburn Mill Company, is a corporation chartered by the State of Minnesota, and organized and existing under and by virtue of her laws. It brought this action in the District Court for Sargent County, in this state, to foreclose a real estate mortgage executed by S. J. Bartlett and F. G. Bartlett, the respondents herein, to secure a promissory note given by respondents to appellant. The answer admits the execution of the note and mortgage, and as a sole defense thereto alleges, in substance, that at the time the same were given, appellant was a foreign corporation,…
2Cases cited34 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Whitney v. WymanSupreme Court of the United States · 1880
- Harris v. RunnelsSupreme Court of the United States · 1851
- Fritts v. PalmerSupreme Court of the United States · 1889
- Reynolds v. Crawfordsville First National BankSupreme Court of the United States · 1884
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3Cited by24 opinions
- State v. American Book Co.Supreme Court of Kansas · 1904
- Uhlmann v. Kin DawOregon Supreme Court · 1920
- Blodgett v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1903
- Chattanooga, R. & C. R. v. EvansCourt of Appeals for the Sixth Circuit · 1895
- State Mutual Fire Insurance v. Brinkley Stave & Heading Co.Supreme Court of Arkansas · 1895
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