Munday v. Wisconsin Trust Co.
Citations
- 252 U.S. 499
- 40 S. Ct. 365
- 64 L. Ed. 684
- 1920 U.S. LEXIS 1529
Syllabus
<p>Whether a state statute is intended to validate a contract previously unenforceable under the state law is for the state courts finally to decide and involves no federal question. P. 502.</p> <p>As applied to transactions subsequent to its enactment, a state law providing that conveyances of local realty taken, by sister-state corporations before they have filed their articles with the local secretary of state.shall be wholly void on behalf of them or their assigns, violates neither the contract clause nor the' due process clause of the Fourteenth Amendment. P. 503.</p> <p>The power of the State to exact such conditions of outside corporations precedent to acquisition of land within the State, and the rule that conveyances are governed by the lex loci rei sites, are not affected by dehvery of the deeds, etc., in another State; the transaction does not thus become a matter of interstate commerce. Id.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming judgment against plaintiff on Contract Clause claim and explaining that “the settled doctrine is that the contract clause applies only to legislation subsequent in time to the contract alleged to have been impaired”
- “Where interstate commerce is not directly affected, a state may forbid foreign corporations from doing business or acquiring property within her borders except upon such terms as those prescribed by the Wisconsin statute.”
- “Where interstate commerce is not directly affected, a state may forbid foreign corporations from doing business or acquiring property within her borders except upon such terms as those prescribed by the Wisconsin statute.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McReynolds
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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