Cyclone Mining Co. v. Baker Light & Power Co.

Citations

• 165 F. 996
• 1908 U.S. App. LEXIS 5435

Syllabus

<p>1. Corporations (§ 636*) — Foreign Corporations — Power op State to Exclude, Restrict, or Regulate.</p> <p>A state may exclude foreign corporations from doing business therein, or may impose such terms as conditions precedent to the right to do business as it may deem for the interest of the public.</p> <p>[Ed. Note. — For other cases, see Corporations, Cent. Dig. § 2503; Dec. Dig. § 636.*</p> <p>Exclusion, regulation, and taxation of foreign corporations, see note to McCanna & Fraser Co. v. Citizens’ Trust & Surety Co., 24 C. C. A. 13.]</p> <p>2. Corporations (§ 661*) — Foreign Corporations — Right to Soe — Failure to Comply with Statute.</p> <p>A corporation of another state operating a mine in Oregon without having complied with Act Or. Feb. 16, 1903 (Laws 1903, p. 44), requiring all foreign corporations before transacting any business in the state to file a declaration of their purpose, pay a filing fee, and appoint an agent to accept service, and providing that until it has done so no foreign corporation shall transact any business within the state nor maintain any action in its courts, cannot maintain an action in either a federal or state court within the state to enforce a contract made in the conduct of its business and in violation of the statute.</p> <p>TEd. Note. — For other eases, see Corporations, Cent. Dig. § 2544; Dec. Dig. § 661.*]</p> <p>3. Corporations (§ 659*) — Foreign Corporations — Validity op Contracts— Estoppel to Contest.</p> <p>A party to a contract made by a foreign corporation doing business in a state without authority and in violation of its statutes is not estopped to plead the invalidity of the contract when sued thereon.</p> <p>LEd. Note. — For other cases, see Corporations, Cent. Dig. § 2361; Dec. Dig. § 659.*]</p>