Dean v. Caldwell
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; It was error to instruct a verdict for defendant. The foreign corporation was not doing business in this State without complying with Act No. 313, Acts 1907. 136 Ark. 52. The court’s authority for its action does not sustain its ruling nor do the cases cited in the majority opinion.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; It was error to instruct a verdict for defendant. The foreign corporation was not doing business in this State without complying with Act No. 313, Acts 1907. 136 Ark. 52. The court’s authority for its action does not sustain its ruling nor do the cases cited in the majority opinion. In that case this court follows the language of the act, but found the intention of the Legislature to be to include in the punishment not only the corporation doing business in the State but the innocent holder of the contract. Until…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellant on negotiable notes executed by appellee to Partin Manufacturing Company, a foreign corporation, which has not complied with the laws of this State with respect to filing copies of articles of incorporation, etc. Appellant is trustee for the assignees of Partin Manufacturing Company.
The notes were executed by appellee pursuant to a written contract between him and Partin Manufacturing Company, as follows:
“Exclusive Drug Contract for Fort Smith. “Form 10.
“Partin Manufacturing Company.
“Chicago. (Incorporated) Des Moines.
General Offices
“Bank of Commerce…
2Cases cited4 opinions
- Browning v. City of WaycrossSupreme Court of the United States · 1914
- York Manufacturing Co. v. ColleySupreme Court of the United States · 1918
- General Railway Signal Co. v. Virginia Ex Rel. State Corporation Comm'nSupreme Court of the United States · 1918
- Hogan v. Intertype Corp.Supreme Court of Arkansas · 1918
3Cited by9 opinions
- Loveland v. WarnerOregon Supreme Court · 1922
- Ockenfels v. BoydCourt of Appeals for the Eighth Circuit · 1924
- State Ex Rel. Independence County v. Tad Screen Advertising Co.Supreme Court of Arkansas · 1939
- Worthen Bank & Trust Co. v. United Underwriters Sales Corp. of AmericaSupreme Court of Arkansas · 1971
- Association Collectors, Inc. v. HardmanWashington Supreme Court · 1940
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