De La Vergne Refrigerating Machine Co. v. Kolischer

Citations

• 214 Pa. 400
• 63 A. 971
• 1906 Pa. LEXIS 671

Syllabus

<p>Corporations — Foreign corporations — Authorized registered agent — Commercial agent — Contract—Act of April 22, 1874, P. L. 108.</p> <p>The same person may be the authorized, registered agent of a foreign corporation as provided by the Act of April 22, 1874, P. L. 108, and also the commercial agént of the same corporation; but if he resigns his position as commercial agent without taking any steps to have his appointment as registered agent canceled or annulled, he continues as registered agent, and the corporation cannot be charged after such registration with doing business in this state without a registered authorized agent, so long as the public record of his appointment remains unchanged.</p> <p>Where a person becomes both the authorized registered agent and the commercial agent of a foreign corporation, and subsequently resigns as commercial agent, but permits the record of his authorized agency to remain without amendment and unaltered, and thereafter enters into a contract with the corporation, he cannot, in order to invalidate the contract, aver that the corporation was doing business in the state without an authorized agent.</p> <p>Arbitration — Referee’s finding of fact.</p> <p>A referee’s finding of fact when confirmed by the court below, will not be reversed except for manifest error.</p> <p>Mestkezat, J., dissents.</p>