Legal Opinion

Northwest Thrasher Co. v. Riggs

Supreme Court of Kansas

Decided April 6, 1907No. 14,966PublishedCited by 3 opinions

Error from Sumner district court; Carroll L. Swarts, judge. STATEMENT. ON and prior to the 21st of January, 1900, the Minnesota Thrasher Manufacturing Company was a corporation located and doing business at Stillwater, Minn. On the date aforesaid it sold a thrashing-machine to the defendants in error at Hunnewell, Kan., and received two promissory notes therefor.

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Error from Sumner district court; Carroll L. Swarts, judge. STATEMENT. ON and prior to the 21st of January, 1900, the Minnesota Thrasher Manufacturing Company was a corporation located and doing business at Stillwater, Minn. On the date aforesaid it sold a thrashing-machine to the defendants in error at Hunnewell, Kan., and received two promissory notes therefor. Afterward the payee sold and transferred its entire assets and business to one R. H. Bronson, who sold and conveyed the entire property so purchased to the plaintiff in error, a corporation since located and doing business at the…

1Opinion of the Court

The opinion of the court was delivered by

Graves, J.:

This action was dismissed because it was commenced .in violation of section 1283 of the General Statutes of 1901, which prescribes certain duties to be performed by foreign corporations before they will be permitted to do business in the state. The statute contains a provision imposing a penalty for non-compliance with its requirements, which reads:

“No action shall be maintained or recovery had in any of the courts of this state by any corporation doing business in this state without first obtaining the certificate of the secretary of state…

2Cases cited2 opinions

  1. State v. American Book Co.Supreme Court of Kansas · 1904
  2. Hamilton v. Reeves & Co.Supreme Court of Kansas · 1904

3Cited by3 opinions

  1. Boggs v. O. S. Kelly Manufacturing Co.Supreme Court of Kansas · 1907
  2. Salitan v. Carter, Ealey and DinwiddieMissouri Court of Appeals · 1960
  3. Hogan v. Intertype Corp.Supreme Court of Arkansas · 1918

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