Kilgore v. Smith

Citations

• 122 Pa. 48
• 15 A. 698
• 1888 Pa. LEXIS 591

Syllabus

<p>1. A foreign corporation organized to act as the general agent of its members in the sale of canned goods produced by them, and having and employing no capital in this state, is not subject to the provisions of the act of April 22,1874, P. L. 108, requiring a statement showing its title and object, the location of its offices and the names of its agents within the state.</p> <p>2. In an action of replevin for goods purchased in good faith from such corporation by the plaintiff, he is not affected by the provisions of said act, and, if he were, the defendant, being a member of the eoporation, would be estopped from setting up the statute as a defence.</p> <p>3. Nor may the defendant in such action, holding the goods subject to the control and order of the corporation, set off against the plaintiff’s recovery a large indebtedness of the corporation to him for the goods in dispute.</p>