Foster v. Charles Betcher Lumber Co.

Citations

• 5 S.D. 57
• 23 L.R.A. 490
• 58 N.W. 9
• 1894 S.D. LEXIS 33

Syllabus

<p>1. Under the provisions of Section 4898, Comp. Laws, service of summons upon the managing' ag'ent of a foreign corporation, in this state, constitutes a valid service, when such corporation has property within the state, or the cause or action arose therein.</p> <p>2. The failure of a foreign corporation to file a copy of its articles of incorporation and the certificate of the appointment of an agent authorized to accept service of process, as required by Sections 3190 and 3192, Comp. Laws, cannot bo taken advantage of by such corporation, and service of summons upon a managing agent of such corporation within this state will be valid, notwithstanding the failure of such corporation to comply with the laws of the state.</p> <p>3. A person who has full charge of the business of a foreign corporation dealing in lumber and merchandise at a particular place within this state, and subject to no authority from any other person or agent within the state, but who corresponds with, accounts to, and receives instructions from, the main office of such foreign corporation in the foreign state, receives and disburses moneys, pays freight, makes contracts with customers as to terms of payment of accounts, issues receipt for money, employs all necessary temporary assistance for and ir behalf of the corporation, and, with the knowledge and under the instructions of the corporation, holds himself out- and advertises in the newspaper as manager, is, within the meaning of Section 4898, the “managing agent” of such foreign corporation.</p> <p>(Syllabus by the court.</p>