Buck Stove & Range Co. v. Vickers

Citations

• 80 Kan. 29
• 101 P. 668
• 1909 Kan. LEXIS 6

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Corporations — Foreign—Time to Procure a License — Stare Decisis. The decision upon the last review of this case ('Vickers v. Bucky 70 Kan. 584) that the plaintiff corporations should be allowed a reasonable time in which to comply with the statute relating to foreign corporations doing business in this state is the law of the case.</p> <p>2. - Dissolution — Parties. A corporation which had been dissolved and was non-existent for several years before the trial could not maintain the suit. It had no successor, and its action was properly abated.</p> <p>3. -Parties- — Substitution—Laches. A corporation named as a plaintiff in the suit had assigned its entire cause of action to another corporation before the suit was commenced. The assignee made its first appearance in the action ten years after the assignment had been made and moved for substitution without any claim of mistake in commencing the suit in the wrong name. In the meantime the corporation in whose name the suit was instituted had been dissolved and ceased to exist. Held, that there was no error in denying the motion and abating the action.</p> <p>4. - Parties — Substitution—Assignee. Another one of the plaintiffs was a foreign corporation doing business in this state without having complied with our statutes, and having no right to maintain a suit in the courts of this state. While this suit was pending this corporation was adjudicated a bankrupt and its cause of action was assigned by the trustee to another foreign corporation, which appeared in the action more than a year afterward and asked to be substituted in place of the bankrupt plaintiff. Held, that the assignee could acquire no better rights than the plaintiff had, and as the plaintiff had no right to maintain'the suit it should be dismissed.</p>