Daniel v. Gold Hill Mining Co.

Citations

• 28 Wash. 411
• 68 P. 884
• 1902 Wash. LEXIS 500

Syllabus

<p>FOREIGN LAWS-PRESUMPTIONS-LIABILITY OP CORPORATE STOCK TO EXECUTION.</p> <p>Under tbe rule that the laws of a foreign state, when not pleaded, must be presumed to be the same as our own, no presumption can arise that the laws of British Columbia authorize the sale of the stock of a stockholder of a foreign corporation doing business in that province on an execution issued on a judgment there against such stockholder, since there is no law of this state authorizing execution sales of that character.</p> <p>SAME-LICENSING FOREIGN CORPORATIONS TO DO BUSINESS.</p> <p>Since the act of British Columbia authorizing foreign corporations to do business in that province contains no express declaration that such corporations, on complying with the act, shall become domestic corporations, the effect of the act is merely to license foreign corporations to do business in the province, and not to make them domestic corporations.</p> <p>ESTOPPEL — • ACQUIESCENCE IN VOID EXECUTION SALE.</p> <p>The fact that defendants, whose shares of stock in a corporation of this state had been wrongfully sold on execution in British Columbia in partial satisfaction of a judgment there against them, paid the balance of the judgment, as shown after credit of the amount realized from the execution sale, would not constitute a ratification of the void sale, nor estop them from urging its invalidity.</p>