Legal Opinion

Regina Co. v. Toynbee

Wisconsin Supreme Court

Decided June 13, 1916PublishedCited by 3 opinions

Appeal from a judgment of tbe circuit court for Price county: G. N. Risjoed, Circuit Judge. Tbis action was brought to recover on a promissory note. Tbe defense was that plaintiff was a foreign corporation not licensed to do business in tbis state and that tbe transaction 1 was not interstate commerce, bence there could be no recovery. The court so held and dismissed tbe action, from which this appeal was taken. No bill of exceptions was settled.

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Appeal from a judgment of tbe circuit court for Price county: G. N. Risjoed, Circuit Judge. Tbis action was brought to recover on a promissory note. Tbe defense was that plaintiff was a foreign corporation not licensed to do business in tbis state and that tbe transaction 1 was not interstate commerce, bence there could be no recovery. The court so held and dismissed tbe action, from which this appeal was taken. No bill of exceptions was settled. Tbe case is here on tbe findings, which are as follows: That tbe plaintiff is a New Jersey corporation, not licensed to do business in tbis state,…

1Opinion of the CourtKeewiN, J.

Counsel for appellant insists that,, upon the findings made and the undisputed facts, plaintiff is entitled to reversal on the ground that the transaction between plaintiff and defendant in taking security for the debt in question amounted to interstate commerce.

The piano in question was brought into Wisconsin under a *554conditional bill of sale, tbe title remaining in tbe foreign corporation, and was an article of interstate commerce all tbe time that it remained unpaid for in tbe bands of tbe original purchaser, Procknow. F. A. Patrick & Co. v. Deschamp, 145 Wis. 224, 129 N. W. 1096; S. F.…

2Cases cited9 opinions

  1. Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1896
  2. Bailey v. CostelloWisconsin Supreme Court · 1896
  3. Chicago Title & Trust Co. v. BashfordWisconsin Supreme Court · 1904
  4. F. A. Patrick & Co. v. DeschampWisconsin Supreme Court · 1911
  5. Charter Oak Life Insurance v. SawyerWisconsin Supreme Court · 1878

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. American Slicing Machine Co. v. JaworskiWisconsin Supreme Court · 1923
  2. Jerome P. Parker-Harris Co. v. Kissel Motor Car Co.Wisconsin Supreme Court · 1917
  3. Unitype Co. v. SchwittayWisconsin Supreme Court · 1919

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