Van Schuyver Co. v. Breedman

Citations

• 5 Alaska 260

Syllabus

<p>1. Corporations @=»661 (2)—Foreign—Process.</p> <p>The plaintiff, an Oregon corporation, brought this suit to collect $600 from defendant for goods sold to him in Alaska by one of plaintiff’s traveling salesmen. The debt is not denied, but defendant sets up the defense that the plaintiff corporation is not authorized to maintain the action, because it has not complied with the provisions of chapter 23, §§ 654-660, Comp. Laws Alaska 1913, requiring foreign corporations, before doing business in Alaska, to file with the secretary of the territory and the clerk of the district court of the division in which it expects to do business a duly authenticated copy of its articles of incorporation, a statement of its financial condition, and a list of its officers, its written consent to be sued in the territory, and the name of an agent upon whom service may be made. The plaintiff does not claim to have complied with these requirements, but contends it is engaged in an interstate business in Alaska, not having a place of business therein, but selling goods through traveling, salesmen only. Held, on the authority of International Harvester Co. v. Com. of Kentucky, 234 U. S. 579, 34 Sup. Ct. 944, 58 L. Ed. 1479, that the plaintiff was engaged in doing business in Alaska without having complied with the said statute, and has no right to maintain this action. Complaint dismissed.</p> <p><@E=>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>2. Territories <@=11—Foreign Corporations—-Act oe Congress.</p> <p>Congress has authority to require foreign corporations to file a copy of its articles of incorporation,, a statement of its condition, a list of its officers, its consent to be sued, and tne name of an agent upon whom service of process may be made, before doing business in Alaska. Such legislation is constitutional and valid.</p> <p><§=pSee same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>