Acme Mercantile Agency v. Rochford

Citations

• 10 S.D. 203
• 72 N.W. 466
• 1897 S.D. LEXIS 43

Syllabus

<p>1. In an action by a foreign corporation on a note made and payable in tbe state, it will be presumed that plaintiff has complied with Laws 1895, Chap. 47, prescribing the conditions on which foreign corporations may do business in the state, where failure to comply does not appear on the face of the complaint and the complaint need not allege compliance.</p> <p>2. Failure to comply must be taken advantage of by answer. Corson, P. J., dissenting.</p>