Belle City Manufacturing Co. v. Frizzell

Citations

• 11 Idaho 1
• 81 P. 58
• 1905 Ida. LEXIS 32

Syllabus

<p>Foreign Corporations — Doing Business Within This State — Statute — Interstate Commerce — Piling Articles of Incorporation —Designating Agent Upon Whom Service of Process mat be Made.</p> <p>1. A foreign corporation that manufactures farm machinery in another state and sells the same to citizens of this state upon orders to be approved by it, taken either by a local or transient agent, and if-approved the machinery to be shipped into the state pursuant to such order, does not come within the provisions of section 2653 of the Revised Statutes as amended by act approved March 10, 1903 (Sess. Laws 1903, p. 49).</p> <p>2. Such corporation so making sales is not required by the provisions of said section to have a designated place of business in this state or to file its articles of incorporation with the' county recorder and Secretary of State, or designate an agent upon whom service of process may be made.</p> <p>3. Business conducted as shown by the facts in this ease is simply interstate commerce. It was intercourse and traffic resulting in the purchase and sale of farm machinery and not the “doing of business” within the meaning of that phrase as used in said section 2653, Revised Statutes.</p> <p>4. The legislature cannot impose conditions or limitations upon the right of a foreign corporation to make contracts in the state for carrying on interstate commerce between the states.</p> <p>5. The provisions of the above section were not intended to, and- do not, interfere, with interstate commerce, but apply only to corporations actually doing or conducting business within the state.</p> <p>6. A state législature is prohibited from placing any restrictions upon interstate eommeree; that power is reserved to Congress.</p> <p>(Syllabus by the court.)</p>