Henderson Woolen Mills v. Edwards
Missouri Court of Appeals
Appeal from the Cole Circuit Court.—Hon. T. B. Robinson, Judge. (1) The plaintiff being a foreign corporation, it devolved upon it to show that it was authorized to do business in this state. Failing to do so and failing to so allege, a jurisdictional fact, defendant’s objection to the introduction of testimony was well taken. R. S. 1899, secs. 1024, 1025, 1026; Williams v. Scullin, 59 Mo. App. 30; Steam Heating Co. v. Gas Co., 60 Mo.
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Appeal from the Cole Circuit Court.—Hon. T. B. Robinson, Judge. (1) The plaintiff being a foreign corporation, it devolved upon it to show that it was authorized to do business in this state. Failing to do so and failing to so allege, a jurisdictional fact, defendant’s objection to the introduction of testimony was well taken. R. S. 1899, secs. 1024, 1025, 1026; Williams v. Scullin, 59 Mo. App. 30; Steam Heating Co. v. Gas Co., 60 Mo. App. 148; Carson-Rand Co. v. Stern, 129 Mo. 381; Erhardt v. Robertson, 78 Mo. App. 406. (1) The plaintiff was a nonresident, not a resident foreign corporation.…
1Opinion of the CourtEllison, J.
This is an action on an account for goods, wares and merchandise charged to have been sold and *450delivered to defendant. The verdict and judgment in tlie trial court was for plaintiff.
Plaintiff is a corporation organized in and resident of the state of Kentucky. Defendant was the owner of a store in the town of California, at some distance from where he resides. He placed such store in the charge and management of one Marks. Afterwards, Marks ordered the goods in controversy of the plaintiff which shipped them out to defendant and they were received by Marks and placed in the general stock.…
2Cases cited1 opinion
- Blevins v. FairleyMissouri Court of Appeals · 1897
3Cited by5 opinions
- Tri-State Amusement Co. v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1905
- Wilson-Moline Buggy Co. v. PriebeMissouri Court of Appeals · 1907
- Nickerson v. Leader Mercantile Co.Court of Appeals of Kansas · 1901
- State ex rel. Nelson v. S. P. Pond Co.Missouri Court of Appeals · 1909
- Blessing v. Camas Prairie Railroad Co.Washington Supreme Court · 1940