Katz v. Herrick
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. George H. Stewart, Judge. Judgment for defendant. Plaintiff appealed. The company is not prohibited from doing business during noncompliance with the foreign corporation act of 1903. No penalty or punishment is prescribed for doing business. It is not made a crime, but the act itself clearly sets out what result is to follow.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. George H. Stewart, Judge. Judgment for defendant. Plaintiff appealed. The company is not prohibited from doing business during noncompliance with the foreign corporation act of 1903. No penalty or punishment is prescribed for doing business. It is not made a crime, but the act itself clearly sets out what result is to follow. No contract or agreement made in the name of or for the use or benefit of such corporation prior to the making of such filings can be sued upon or be enforced in any court of this state…
1Opinion of the CourtAilshie, J.
(After making the statement.) — The first question to be determined by us in this action is whether or not, under the constitution and laws of Idaho, a foreign corporation can maintain an action in the courts of this state for the breach of a contract entered into by such corporation within the state without first having complied with the constitution and statute in filing a copy of its articles of incorporation, and designating a statutory agent upon whom service of process can be made. Section 10 of article 11 of the constitution provides: “No foreign corporation shall do any business in…
2Cases cited15 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Cary-Lombard Lumber Co. v. ThomasTennessee Supreme Court · 1893
- Cincinnati Mutual Health Assurance Co. v. RosenthalIllinois Supreme Court · 1870
- Seamans v. Temple Co.Michigan Supreme Court · 1895
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3Cited by45 opinions
- State v. Village of Garden CityIdaho Supreme Court · 1953
- Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
- In Re EdwardsIdaho Supreme Court · 1928
- Toncray v. BudgeIdaho Supreme Court · 1908
- Peavy v. McCombsIdaho Supreme Court · 1914
40 more not listed; retrieve them via the Exa API.